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1099 form 2019
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The Government Accountability Office (GAO) is an independent, detached bureau that works for Congress. On February 12, 2020, GAO appear “Virtual Currencies: Additional Admonition Advertisement and Clarified Admonition Could Improve Tax Acquiescence (GAO-20-188)” address afterwards allegory IRS’s efforts in the crypto tax acquiescence space. GAO advised IRS forms and interviewed assorted stakeholders such as IRS officials, FinCen, added federal agencies, tax practitioners and crypto exchanges to aftermath this report. This column discusses some of the highlights of this address and how they may affect crypto tax holders in the US. 

GAO credibility out that the 2019 crypto tax admonition is not bounden to the IRS; they could be accountable to change and can not be relied aloft by taxpayers as authoritative. According to the IRS, IRS’s accurate estimation of tax law should be appear through Internal Revenue Bulletins (IRB). For example, on April 14, 2014, the Notice 2014-21 was featured on IRB 2014-16. On October 9, 2019, the IRS appear FAQs on their website added answer the aboriginal cryptocurrency guidance, the IRS Notice 2014-21. Since the 2019 FAQs were not featured on any IRB, GAO argues that they may not be bounden on the IRS. Also, the IRS has afflicted 2019 crypto tax admonition a brace of times after alerting anyone. For example, the IRS added 2 added Q&As to the aboriginal 43 FAQs during December 2019 after announcement anywhere. Added recently, the IRS abruptly removed gaming tokens such as Robux and V-bucks from the account of “What is basic currency?”.

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Further, the IRS did not add any abnegation on the folio advertence that the FAQs are non-authoritative admonition and is accountable to change. Changing admonition after alerting taxpayers is additionally a abuse of the aboriginal commodity in IRS’s Taxpayer Bill of Rights – “The Right to Be Informed”. According to GAO, “If taxpayers accomplish decisions based on admonition that is non-authoritative, including FAQs, those taxpayers’ aplomb in IRS and the tax arrangement could be debilitated if the agreeable is after adapted and IRS challenges taxpayers’ positions”. 

Further, GAO credibility out that 2019 admonition lacks clarity. It fails to appropriately accept abstruse capacity like airdrops & forks and accommodate no admonition on areas such as adopted reporting, retirement accounts and mining. 

The address additionally shows how absolute admonition advertisement requirements are unclear. Currently, crypto exchanges affair assorted tax forms like Anatomy 1099-K, 1099-B & 1099-MISC. Some exchanges do not address annihilation whatsoever. This is because the account has not appear up with bright guidelines apropos cryptocurrency admonition advertisement requirements so exchanges are interpreting absolute laws in altered ways. 

GAO recommends that the IRS should attending into convalescent admonition advertisement because it artlessly leads to college compliance. For example, if you accept a W-2 or a agnate tax form, you are added acceptable to address that on your taxes. The IRS agrees with this advocacy and is alive on a abeyant solution. 

Finally, GAO recommends that the IRS and FinCen should appear up with bright admonition answering whether cryptocurrencies captivated in across locations are accountable to Adopted Account Tax Acquiescence Act (FATCA) and Address of Adopted Bank and Financial Accounts (FBAR) reporting, respectively. Interestingly, the IRS disagreed with this advocacy and fatigued that it may attending into this affair in the approaching back the activities of adopted exchanges become added transparent. In contrast, FinCen agreed with the advocacy and mentioned they will affair a accessible account about the exact advertisement requirements soon.  

Disclaimer: this column is advisory alone and is not advised as tax advice. For tax advice, amuse argue a tax professional

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