Author: Aiying compliance
In recent years, digital assets have set off a wave of enthusiasm in the financial market. From cryptocurrencies such as Bitcoin and Ethereum, to stablecoins such as USDT, to NFTs (non-fungible tokens), these new assets have not only attracted a large number of investors, but also triggered technological innovation and regulatory discussions around the world.
However, the rapid rise of digital assets has also brought a lot of problems. Due to their anonymity and cross-border mobility, tax authorities have encountered unprecedented difficulties in tracking and reporting these transactions. Many times, tax opacity and compliance issues have caused headaches for regulators. In addition, the US finances have been very tight in recent years. After a fine of 4.6 billion for Binance, although the US federal judge dismissed part of the SEC's lawsuit against Binance and Zhao Changpeng, it recently allowed other charges such as ICO issuance, BNB's continued sales, BNB Vault, pledge services, unregistered and fraud charges to continue litigation and fines. But the "support" of a single company for the current US finances is definitely a drop in the bucket, so in order to generate more revenue, the US Congress passed the Infrastructure Investment and Jobs Act in 2021, which includes amendments to the Internal Revenue Code, especially the reporting requirements for digital asset transactions. Under this bill, the US Treasury and the Internal Revenue Service (IRS) drafted and issued new digital asset transaction reporting regulations. These regulations require financial institutions and brokers to report detailed information on digital asset transactions, including gross proceeds from transactions and on an adjusted basis.
Aiying has sorted out the entire report for you and summarized it into three parts, so that you can clearly understand the main contents of this revised bill:
1. Definition of Digital Assets
1. Define the scope
In this new regulation, "digital assets" are broadly defined as a representation of value recorded on a cryptographic distributed ledger (such as a blockchain). Specifically, they include but are not limited to the following types:
Cryptocurrency: Such as Bitcoin, Ethereum, etc. These are the most widely recognized digital assets, mainly used for payment and investment.
Stablecoins: Such as USDT and USDC, these currencies are usually pegged to fiat currencies (such as the US dollar) and are designed to maintain a stable value for transactions and payments.
Non-fungible tokens (NFTs): such as digital artworks and collectibles, these tokens represent unique assets, and each NFT is unique. They are widely used in fields such as art, music, and games.
The regulations do not finalize rules for unhosted wallets and related noncustodial software. The IRS said these tools may be considered brokers, and the specific rules will be determined at a later date.
In addition, the regulations also stipulate that the definition of digital assets is not limited to the above types, and any assets that use similar technologies for recording may be included in this category. This means that whether these assets are traded on or off-chain, as long as they involve digital representation of value, they need to be reported. (Except for exemption types, which will be discussed below)
II. Reporting Requirements
1. Main requirements
The new regulations require brokers and financial institutions to report detailed information on every digital asset transaction. Specifically, they need to report how much money they made from each transaction (gross proceeds) and how much they originally spent to buy it (adjusted basis).
2. Report Content
To comply with the regulations, brokers and financial institutions are required to report the following information:
Transaction Date: The specific date on which the transaction occurred.
Transaction amount: The total amount of the transaction, i.e. how much you sold it for.
Asset type: The type of digital asset involved in the transaction, such as Bitcoin, Ethereum, USDT, NFT, etc.
Adjusted Basis: The price at which you originally purchased the digital asset, minus any adjustments to arrive at your net gain or loss.
Counterparty information: Information about the buyer and seller to ensure that the transaction is transparent and traceable.
3. Exemptions
Stablecoins and NFTs
For stablecoins and NFTs, regulations have some special provisions and reporting methods.
Stablecoins: Stablecoins like USDT and USDC are usually pegged to fiat currencies such as the U.S. dollar and have a relatively stable value. Regulations require that stablecoin transactions also be reported, but in order to reduce the burden on brokers, some types of stablecoin transactions may have simplified reporting methods. For example, for frequent small transactions, aggregate reporting can be used instead of detailed reporting for each transaction.
NFT: Non-fungible tokens (NFT) represent unique digital assets, such as digital artworks, collectibles, etc. Most NFT transactions also need to be reported, but the regulations also take into account certain low-value NFT transactions, which may have simplified reporting requirements or exemptions. For example, if you are just buying and selling some digital collectibles of low value, you may not need to report as detailed as high-value transactions.
Closed-loop assets
"Closed-loop assets" refer to virtual assets that can only be used within a specific system and cannot be exchanged for legal tender. Here are some relevant exceptions:
In-game currency: If a virtual currency can only be used within a specific game or platform and cannot be exchanged for legal tender such as the U.S. dollar, then this virtual currency may not be within the scope of reporting. For example, gold coins earned in a game that can only be used in this game do not need to be reported.
Internal company points: Similarly, company-issued points that can only be used within the company do not need to be reported as digital assets. If these points cannot be exchanged for external legal currency and can only be spent within the company, then they are not within the definition of digital assets.
In general, the purpose of the revised bill is to make digital asset transactions transparent and ensure that everyone can pay taxes. Although it is very tempting to collect money, the regulations still "thoughtfully" take into account the convenience of everyone's tax payment operations. For example, some small transactions do not need to be reported, so that everyone does not have to be too busy.
III. Implementation date of the regulations
1. Effective Date
The new digital asset transaction reporting regulations will take effect 60 days after they are officially published in the Federal Register. Therefore, the specific effective date depends on when the regulations are published in the Federal Register. In addition, some provisions in the regulations may have different effective dates, depending on the specific provisions of each provision.
After December 31, 2023: This is the initial date when the regulations will come into force, meaning that from this point on, all relevant reports and declarations will need to comply with the new rules.
· Operational compliance by 2025: This means that starting in 2025, all affected institutions will need to fully meet operational compliance requirements, including system updates, employee training, and full implementation of reporting processes.
· Basis Tracking in 2026: Requires tracking and reporting of transaction basis (original purchase price and any adjustments) beginning in 2026. This is likely to be a more specific and stringent tracking requirement to ensure that the tax basis information of all transactions is accurately recorded and reported.
2. Preparation
In order to ensure that relevant requirements can be complied with smoothly after the regulations come into effect, relevant practitioners and institutions need to make the following preparations in advance:
Update systems and processes: Ensure your trading platform and back-end systems are able to record and report all required information, such as transaction dates, amounts, asset types, etc. If necessary, you may also need to update or upgrade existing systems.
· Train staff: Let all relevant staff know the specific requirements and reporting procedures of the new regulations. This includes training for both front-office and back-office staff on what information needs to be collected and submitted.
Review and adjust policies: Review existing compliance policies and procedures to ensure they meet the requirements of the new regulations. If necessary, adjust internal policies to better implement the new reporting standards.
· Communicate with customers: Inform customers about new regulatory changes, tell them what information they need to provide, and ensure they understand their new obligations.
Establish a compliance team: If you don’t already have one, consider establishing a dedicated compliance team to oversee and manage reporting for all digital asset transactions to ensure that all transactions comply with the new regulations and avoid legal issues.
· Test the reporting process: Before the regulation comes into force, conduct a simulation to ensure that all systems and processes are functioning smoothly. This includes a trial run of the reporting process to check that the required information can be accurately captured and reported.
Through these preparations, relevant practitioners and institutions can make full preparations before the new regulations come into effect, ensuring that they can smoothly comply with all new reporting requirements after the regulations are implemented. This can not only avoid legal risks, but also ensure that enterprises remain compliant and competitive in the new regulatory environment.
Aiying Summary
In general, these new digital asset transaction reporting regulations will have a great impact on financial markets and tax compliance. They will make investors more cautious when trading, prompt trading platforms to upgrade systems and processes, increase market transparency, but will also increase compliance costs.
The definition of "digital assets" in the bill is too broad. Almost every NFT transaction and stablecoin transaction needs to be reported, and even operations such as exchanging USDC for US dollars need to be reported to the IRS, even if it is only a few cents of gain or loss. This policy may inhibit people from trading on exchanges and turn to DeFi, so it is counterproductive.
