From my perspective, how many American bitcoin investors/players are claiming the income or loss on their tax returns when the gains or losses are recognized. And how are they reported, on Schedule D, Form 4797, Schedule C, or their business returns like 1065 or 1120(S).
Are bitcoins a capital asset? Or are bitcoins a cash equivalent used in a trade or business? Both? How do those who use this means determine where they fall?
We had a CPE class a couple of years ago, and the consensus among us was that our clients were not reporting any gains, but were trying to backdoor losses to their best income tax advantage if possible.
The IRS issued a ruling on this. Can't remember if it was a Rev Rul, Proc, or (don't have time to look it up). They said it was a capital asset and gain or loss was recognized when it was converted to something else. It made for a LOT of bookkeeping and effort to file your tax return if you used bitcoin on a regular basis for day-to-day transactions. For example, suppose you took BTC as payment when you sold a used car. Then 6 mo later say the BTC has dropped in value against the dollar, and you buy a men's suit with some of those BTC. First you have to determine your reason for holding the BTC for those 6 mo. Convenience? Probably. You now have a short-term capital loss on the BTC used to buy the suit and you can't take the loss on your tax return because it's a personal loss. But if the BTC had increased against the dollar in those 6 mo, you would have to declare the gain at ordinary income tax rates for the increase in value of the BTC used to buy the suit. Sounds like a lose-lose situation! If you held the BTC for more than 12 mo you could have received l-t capital gains rates. If you can prove you held the BTC for investment (not as a substitute currency) or a legitimate business purpose then you can take losses when you buy something with BTC after it drops in value. The result is that every transaction using bitcoin requires that you keep track of your gain or loss, the nature of that gain or loss (long, short, personal, etc) and new basis in addition to the normal consequences of the transaction as if you had paid or received cash. Do you have a headache yet?