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Early Bitcoin investor jailed for unreported crypto gains in $4M BTC sale

A Texas Bitcoin investor faces two years in prison for failing to report over $4 million in cryptocurrency gains, setting a legal precedent.

An early Bitcoin investor from Austin, Texas, became the first person criminally charged for failing to report crypto capital gains, in a case involving about $4 million worth of cryptocurrencies.

According to the United States Department of Justice (DOJ), Texas-based Bitcoin (BTC) investor Frank Richard Ahlgren III “falsely underreported the (realized) capital gains” earned from selling Bitcoin worth $3.7 million between 2017 and 2019. The DOJ said in a Dec. 12 report:

Ahlgren has invested in Bitcoin since 2011. He purchased 1,366 BTC on the crypto exchange Coinbase in 2015 when Bitcoin was trading under $500. He sold about 640 BTC in October 2017 at an average market price of $5,807.53 and reinvested the $3.7 million in real estate. 

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Czech gov’t moves to exempt crypto held for 3+ years from being taxed

The prime minister said Czech residents would not have to report crypto transactions under $4,200 per year or pay taxes for selling digital assets held for more than three years.

Petr Fiala, prime minister of the Czech Republic, has reported that the country is moving to pass legislation allowing residents to bypass taxes on selling their crypto after holding it for more than three years. 

In a Dec. 6 X post, Fiala said the measure, backed by Chamber of Deputies member Jiří Havránek, would “guarantee that if you hold cryptocurrencies for more than three years,” any sale would be exempt from capital gains tax. In addition, taxpayers would not be required to report transactions valued at less than 100,000 koruna — roughly $4,200 at the time of publication — per year. 

“This means that, for example, buying coffee with Bitcoin [...] will no longer be a tax transaction,” said Fiala.

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Italy scales back plans to hike crypto tax rate: Report

A Bloomberg report suggested Italian Prime Minister Giorgia Meloni could accept a proposal for a 28% tax hike on crypto rather than a 42% one.

The Italian government reportedly plans to raise the country’s capital gains tax on cryptocurrencies to 28% instead of 42%.

According to a Nov. 12 Bloomberg report citing people with knowledge of the matter, Italy’s government under Prime Minister Giorgia Meloni plans to accept a proposed 28% tax hike on crypto — an increase of only 2% rather than the 26% initially reported. Giancarlo Giorgetti, the Italian Minister of Economy and Finance, defended the proposed tax hike as recently as Oct. 31.

It was unclear what may have led the Italian government to scale back their plans to tax crypto. The price of many cryptocurrencies has surged following a United States election in which many lawmakers who claimed to favor digital asset policies won their respective races. 

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Denmark Unveils Crypto Tax Plan, Recommendations Draw Fire From Bitcoiners

Denmark Unveils Crypto Tax Plan, Recommendations Draw Fire From BitcoinersThe Danish Tax Council has recommended what it terms non-backed crypto assets like Bitcoin be taxed similarly to asset-based crypto assets. The council argues the recommendations would allow crypto investors to deduct losses from gains thus making taxation more fair. However, some observers believe this amounts to a “declaration of war on crypto” as it […]

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Italy Targets Bitcoin With Capital Gains Tax Hike as EU Prepares for MiCA Regulations

Italy Targets Bitcoin With Capital Gains Tax Hike as EU Prepares for MiCA RegulationsItaly plans to raise its capital gains tax on bitcoin to 42%, up from 26%, as part of efforts to fund election promises and curb the fiscal deficit. The government cites growing bitcoin adoption as a key factor. This comes as the European Union prepares to implement its Markets in Crypto-Assets Regulation (MiCA), aiming to […]

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Mark Cuban Warns Kamala Harris’ Unrealized Gains Tax Will Kill Stock Market

Mark Cuban Warns Kamala Harris’ Unrealized Gains Tax Will Kill Stock MarketBillionaire Mark Cuban warned that taxing unrealized gains would “kill” the stock market but believes Vice President Kamala Harris would not prioritize this policy. While Harris supports parts of President Biden’s tax plan, Cuban emphasized it is not her final stance. He also raised concerns about the policy’s impact on early-stage companies struggling with cash […]

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South African Tax Authorities Scrutinize Crypto Traders Amid Compliance Uncertainty

South African Tax Authorities Scrutinize Crypto Traders Amid Compliance UncertaintySouth African crypto traders have reportedly started receiving notices from the South African Revenue Service (SARS) indicating that their tax affairs are under review. The revenue collector is gathering information from various crypto-asset exchanges to assess compliance. Traders who fail to provide requested information could face criminal charges under the Tax Administration Act. SARS may […]

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Australia’s tax agency won’t clarify its confusing, ‘aggressive’ crypto rules

The Australian Tax Office’s new rules on DeFi are unclear on whether capital gains taxes apply to liquid staking and transferring to layer 2 bridges.

Australia’s tax regulator has been unable to clarify confusing aspects of its new guidance that suggests capital gains tax (CGT) is payable on a slate of everyday decentralized finance transactions.

The ATO failed to answer direct questions from Cointelegraph on whether staking Ether on Lido or transferring funds via bridges to layer 2 networks are CGT events, leaving DeFi users in the dark about how to comply.

The Nov. 9 guidance from the Australian Taxation Office (ATO) says CGT is payable when transferring tokens to another address or smart contract that a person doesn’t have “beneficial ownership” over or if the address has a non-zero balance of the tokens.

Exchanging “one crypto asset for a right to receive an equivalent number of the same crypto asset in the future,” providing liquidity to a protocol, wrapping tokens and loaning assets are ATO examples of DeFi uses incurring a CGT event.

While the criteria suggests the rules may encompass liquid staking — such as staking Ether (ETH) on Lido — or sending tokens through a layer 2 bridge, this hasn’t been clarified.

An ATO spokesperson said in response to direct questions that the tax consequences of a transaction “will depend on the steps taken on the platform or contract, and the relevant surrounding facts and circumstances of the taxpayer who owns the cryptocurrency assets.”

The non-answer leaves investors unable to comply with possibly unintended consequences of the opaque new guidance, which has not yet been tested in court.

A CGT event would mean that if a DeFi user in Australia bought ETH for $100 and then staked it or sent it via a bridge to an L2 when the price is $1,000, they would need to pay tax on $900 “profit,” even though they haven’t sold the ETH or realized a profit.

Liberal Party Senator Andrew Bragg told Cointelegraph the former government had commissioned the Board of Taxation to propose appropriate rules for taxing cryptocurrency, but the findings have been delayed twice and will now not be released until February next year.

“In absence of legislation, the ATO has been allowed to make up the rules on their own,” Senator Bragg said.

He said the Labor government’s “laziness in not releasing these findings” has created complexity and uncertainty for Australian crypto users.

Koinly head of tax Danny Talwar said that in his opinion, a transfer via a bridge may result in a CGT event, but it largely hangs on whether a change in beneficial ownership occurred.

He added liquid staking would be a CGT event as the ATO views it as a crypto-to-crypto transaction, where Ether is swapped for another token.

Related: Study claims 99.5% of crypto investors did not pay taxes in 2022

Matt Walrath, the founder of Crypto Tax Made Easy, thinks the ATO doesn’t fully understand DeFi and called the new rules “aggressive.” He added they make staking and transferring funds to layer 2 blockchains much tougher for Australian DeFi users.

“Things are moving so fast within DeFi, I think they don’t have enough of an understanding about the nature of [what] these transactions actually are.”

Walrath contested beneficial ownership is transferred when users interact with liquid staking services, meaning no CGT event occurs. He said stakers can still withdraw funds at any time and the staked tokens technically don’t leave the user’s wallet.

“Although the bank might own my house when I mortgage it, I’m still the beneficial owner. I can rent that house out and derive the income from it. I’m the one who can enjoy it by living,” he sa.

Talwar suggested the new rules on wrapped tokens lack “economic substance.”

“Wrapped Bitcoin is economically similar to Bitcoin and therefore there is a question as to whether a CGT event has occurred.”

“We need more people in the Aus crypto community fighting for sensible tax laws,” Walrath stressed.

Magazine: Best and worst countries for crypto taxes – plus crypto tax tips

Additional reporting by Jesse Coghlan.

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What is profit and loss (PnL) and how to calculate it

PnL refers to the financial gain or loss from buying and selling cryptocurrencies. To calculate it, use various method like the FIFO, LIFO, YTD, and more!

Anyone who has dealt with trading in traditional finance is likely to be aware of profit and loss (PnL). But is PnL in the cryptocurrency world the same? The ability to comprehend terms like mark-to-market (MTM), realized PnL and unrealized PnL will help develop a better understanding of the cryptocurrency a person holds.

Without a well-defined process to get insight into profit or loss, cryptocurrency trading may be overwhelming, and traders may struggle with what they are doing. PnL reflects the change in the value of a trader’s positions over a specific period. 

To gain a clearer understanding, let's examine it in the context of cryptocurrency trading.

Understanding the basics of PnL

PnL in crypto refers to the calculation of the profit or loss made on a cryptocurrency investment or trading position. It is a metric used to evaluate the financial performance of a trader or investor in the crypto market.

To begin, here are some key terms in PnL terminology:

MTM

MTM refers to the process of valuing an asset or financial instrument based on its current market price or fair value. For example, in the context of crypto trading, if an investor holds a certain amount of Bitcoin (BTC), the value of that Bitcoin will fluctuate based on the current market price.

The general formula for calculating PnL is:

Suppose the MTM price for Ether (ETH) today is $1,970, while the MTM price yesterday was $1,950. In this case, the PnL is $20. It indicates a profit of $20. On the contrary, if the MTM price of ETH was $1,980 yesterday, it indicates a loss of $10.

Future value

Future value indicates the value of a digital coin at a future point in time.

For example, if a trader stakes Tron (TRX) worth $1,000 with a 4% yearly reward, how much will the person get back after a year? The answer is $1,040. At the time of staking, the present value will be $1,000, while the future value will be $1,040.

There will be a present value at the point when the trader stakes, but if the person considers the future as a whole, there could be countless future values.

There is a different way to use future value as well. Traders could ask how much to stake to get $1,040 in a year. If they know the present and future values, they could calculate the discount factor. The formula for calculating the discount factor is:

For the example given above, the discount factor will be:

Realized PnL

Realized PnL is calculated after traders have closed their position (sold the cryptocurrency they hold). Only the executed price of the orders is taken into account in realized PnL, and it has no direct relation to the mark price.

The mark price is the price at which a derivatives contract is valued based on the current market price of the underlying asset rather than the price at which the contract is being traded.

The formula for realized PnL is:

An example will help understand how to calculate realized PnL. If the entry price for buying X number of Polkadot (DOT) is $70 and the exit price is $105, the PnL for the period is $35, which refers to a profit of $35. However, if the closing price of the trade was $55, the PnL will be $15, but it will reflect a loss.

Unrealized PnL

Unrealized PnL refers to the profit or loss that is currently held in open positions but has not yet been realized through closing the position. The formula for determining unrealized PnL is:

Donald has purchased ETH contracts with an average entry price of $1,900. The mark price of ETH is currently $1,600. The unrealized PnL for Donald is the difference between the average entry price and the mark price.

Unrealized PnL = $1,900 - $1,600 = $300

How to do PnL calculation

To determine PnL in cryptocurrency, a trader needs to find the difference between the initial cost of acquiring a digital coin and the current market value of the same coin. Various methods to calculate PnL in cryptocurrency are as follows:

First-in, first-out (FIFO) method

The FIFO method requires the seller to use the price of the asset from when it was first bought. Here is the process to calculate PnL using the FIFO method:

1) To settle on the initial cost of the cryptocurrency, multiply the purchase price per unit by the number of units sold.

2) To determine the current market value of the asset disposed of, multiply the current market price per unit by the number of units sold.

3) To find the PnL, deduct the initial cost from the current market value.

Suppose Bob first bought 1 ETH at $1,100 and a few days later bought 1 ETH at $800. A year later, he sold 1 ETH at $1,200. As he had first bought ETH at $1,100, this price will be considered the initial cost. Applying the FIFO method, Bob could calculate PnL as follows:

Bob's initial cost = (1 ETH x $1,100) = $1,100

Current market value = (1 ETH x $1,200) = $1,200

PnL = $1,200 - $1,100 = $100 (profit)

Last-in, first-out (LIFO) method

The LIFO method requires the seller to use the most recent purchase price of an asset in the calculation. The other aspects are just like the FIFO method. Here is the PnL using the LIFO method using the same example as above:

Bob’s initial cost = (1 ETH x $800) = $800

Current market value = (1 ETH x $1,200) = $1,200

PnL = $1,200 - $800 = $400 (profit)

Weighted average cost method

The weighted average cost method requires traders to determine the average cost of all units of a digital currency in their portfolio to arrive at the initial cost. Here are the steps to calculate PnL using this method:

1) Determine the total cost of all units of the cryptocurrency. Multiply the purchase price per unit for each transaction by the number of units of the asset and add the numbers.

2) To arrive at the weighted average cost per unit of the digital coin, divide the total cost of all units by the number of units.

3) Find the current market value of the cryptocurrency sold. Multiply the current market price per unit by the number of units sold.

4) To determine PnL, subtract the average cost per unit from the current market value.

Suppose Alice bought 1 BTC at $1,500 and a few days later bought 1 BTC at $2,000. She later sold 1 BTC at $2,400. Here is the PnL using the weighted average cost method:

Total cost = (1 BTC x $1,500) + (1 BTC x $2,000) = $3,500

Weighted average cost = $3,500 / 2 BTC = $1,750

Current market value = (1 BTC x $2,400) = $2,400

PnL = $2,400 - $1,750 = $650 (profit)

Profits/losses from opening and closing positions

Analyzing open and closed positions at regular intervals is an efficient way to monitor performance. An initial purchase a person makes in the market is an open position, while selling the cryptocurrency is termed closing the position. If a trader buys 10 DOT, it is an open position. When the trader sells those DOT, the position gets closed.

For example, if a trader bought 10 DOT for $70 and sold them for $100, the person’s PnL would be $30 ($100 - $70). Regular analysis of trades in line with open and closed positions helps a person trade in an organized manner.

Year-to-date (YTD) calculation

YTD is a way to measure the performance of investments made in cryptocurrency from the start of the year to the current date. Investors who regularly buy and hold cryptocurrencies for years can know their unrealized profits with a YTD calculation. The trader just needs to calculate the value of the portfolio at the beginning and end of a year and compare these values. This could be a calendar year or fiscal year, depending on the person’s preference or requirements.

Suppose someone holds $1,000 worth of Cardano (ADA) on Jan. 1, 2022 and $1,600 of ADA on Jan. 1, 2023. In this case, $600 is the unrealized profit. Unrealized profit denotes returns that haven’t yet been converted into cash or cash equivalents such as term deposits.

Transaction-based calculation

A transaction-based calculation requires a person to calculate the PnL for each specific transaction. For instance, if a person bought 1 ETH for $1,000 and sold it for $1,500, the PnL for the transaction would be $500 profit ($1,500 - $1,000). If the number of transactions is small and a trader needs to calculate PnL for these transactions separately, a transaction-based calculation is an ideal method.

Percentage profit

The percentage profit method reflects the PnL as a percentage of the initial cost. An example will help understand better. Suppose a trader buys 1 Binance Coin (BNB) for $300 and sells it for $390. In this case, the person’s PnL would be $90 profit ($390 - $300). To arrive at the percentage profit, the trader needs to divide the PnL by the purchase price and multiply the amount by 100 (($90 / $300) x 100). This amounts to 30%.

However, please note that these are simplified examples that do not factor in variables such as taxes, trading fees paid to the platform, market volatility, etc. In real-life situations, a trader will need to take into account the specific context when calculating PnL.

How to calculate PnL of perpetual contracts

Perpetual contracts are a type of futures contract with no fixed settlement time or expiration date. Traders can hold their long or short positions indefinitely, provided they have sufficient maintenance margin, which is the minimal amount of collateral needed for maintaining open trading positions.

When traders calculate the PnL of perpetual contracts in cryptocurrencies, they need to calculate both realized and unrealized PnL and then add them to determine the total PnL.

Here are the steps to measure PnL of perpetual contracts:

Again, this is a simplified way to explain the concept of calculating PnL for crypto perpetual contracts. When calculating total PnL in real life, a trader needs to take into account factors like trading fees and funding rates.

PnL calculations and associated tools

Understanding crypto PnL helps people know if their cryptocurrency portfolio is in profit or in loss. Gaining an insight into key parameters like cost basis, quantity, price of each trade and profitability of the portfolio helps traders assess the efficiency of their strategies and make necessary adjustments. Precise knowledge of the funds they have made or lost on a particular trade influences their upcoming trading decisions for the better.

Apart from PnL calculations, there are tools like specialized spreadsheets and automated trading bots that could help traders analyze their performances and zero in on profitable trading opportunities, regardless of their experience.

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Biden wants to double capital gains and clamp down on crypto wash sales: Reports

The Biden administration wants to apply the wash sale rule to digital assets.

U.S. President Joe Biden’s upcoming budget proposal has a few surprises for crypto traders and investors, including a proposed doubling of capital gains and a crackdown on crypto wash sales. 

The Biden administration is set to release its fiscal 2024 budget plan on Mar. 9 which is reportedly aimed at reducing the deficit by almost $3 trillion over the next decade. It also includes changes to crypto tax treatment with the aim of raising around $24 billion, according to reports.

One of these proposals includes an end to a strategy in which a crypto trader sells assets at a loss for tax purposes, known as tax-loss harvesting, before repurchasing them immediately after, according to the WSJ.

Such a strategy is not permitted when stocks and bonds are involved — under current wash sale rules — However, crypto is currently not under these same rules as digital assets have not been classified as securities.

However, it appears that the U.S. government is looking to change that.

Speaking to Cointelegraph, Danny Talwar, from crypto tax software firm Koinly commented:

“This is an inevitable consideration for the US which, if implemented, will see it on par with other jurisdictions such as Canada and Australia, where crypto wash sales apply.”

“If the rule is applied, the timing is significant as many crypto holders who entered the crypto space on the back of 2021 market peaks are suffering from heavy losses,” he added.

Related: What is crypto tax-loss harvesting, and how does it work?

The Biden budget is also proposing to nearly double the capital gains tax rate for investments to almost 40% from 20% and raise income levies on corporations and wealthy Americans, according to Bloomberg.

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