What Happens if I Don’t File My Crypto Taxes?
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Failing to report crypto on your taxes can lead to severe consequences for US taxpayers, including fines of up to $100,000 and potential imprisonment. Filing your crypto taxes is crucial to avoid escalating penalties and legal issues.
The IRS has increased its focus on crypto tax enforcement, making it essential to report all crypto transactions, including gains, losses, and income. If you forgot to report in previous years, amending your tax return promptly can help mitigate potential penalties.
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How is cryptocurrency taxed?
For US-based taxpayers, the IRS considers crypto to be property. When you buy, sell, or exchange one crypto for another or goods, services, or fiat currency, this is typically a taxable event that usually results in a capital gain or loss and is taxed at the usual tax rates for cryptocurrency. The IRS also taxes earned income from crypto such as mining or staking as ordinary income.
US taxpayers must report any profits or losses from trading cryptocurrency and any income earned from activities like mining or staking on tax return forms, such as Form 1040 or 8949. Not reporting can result in fines and penalties as high as $100,000 or more severe consequences, including up to five years in prison.
In a 2023 announcement, the IRS disclosed its plan to bolster its workforce by adding an additional 87,000 agents, with a notable emphasis on intensifying crypto tax enforcement for the coming tax seasons. These newly appointed agents will undergo specialized training to correlate blockchain transactions with ostensibly "anonymous" wallets adeptly.
Since blockchain technology operates on public ledgers, the IRS already has access to a comprehensive record of transactions conducted on a specific blockchain. The primary task for these agents will be to establish connections between wallet addresses and their respective owners, a task they are well-prepared to execute.
Outside the US? Here's everything you need to know about international crypto taxes!
What happens if I don't report crypto on my taxes?
The initial stages of this augmented focus on crypto tax enforcement are already apparent. Jim Lee, the Chief of the IRS Criminal Investigation Division, officially confirmed in November 2022 that the IRS is actively constructing many cases related to crypto tax evasion. These cases are slated for public disclosure in the near future.
You must report crypto activity on your taxes. There are no loopholes to avoid this. If you’ve forgotten to report crypto on past returns, don’t panic. You may be able to amend your returns using Form 1040-X. It’s better to file cryptocurrency taxes late than not at all.
Failure to claim crypto on your taxes risks penalties, interest, and even criminal charges. US-based taxpayers have three years from filing their return to file an amended one.
For example, a Texas man was indicted in 2024 for filing false tax returns and structuring cash deposits to avoid currency transaction reporting requirements. The indictment alleges that between 2017 and 2019, the man filed false tax returns that didn't report or underreported the sale of $4 million worth of bitcoin, leading to substantial gains. If convicted, he faces up to five years in prison for each structuring count and three years for each false return count.
What is the penalty for not paying taxes on crypto?
The IRS can impose quite severe penalties for individuals engaging in crypto tax evasion, as both tax evasion and tax fraud are federal offenses.
Depending on the gravity of the situation, one could potentially be subjected to penalties of up to 75% of the owed tax amount, with a maximum fine of $100,000 (or $500,000 for corporations) and a possible imprisonment of up to 5 years.
Crypto tax evasion and crypto tax avoidance
Cryptocurrency tax evasion falls into two distinct categories as defined by the IRS:
Evasion of Assessment
Evasion of Payment
Each category of crypto tax evasion carries its own set of penalties. Delving deeper into these categories can provide insights into the consequences individuals may face for non-compliance.
Evasion of assessment
Evasion of assessment is the more frequently encountered form of crypto tax evasion. It transpires when a taxpayer knowingly excludes or underreports income or inflates deductions. Instances of crypto tax evasion encompass:
Failure to report capital gains resulting from crypto sales or dispositions.
Underreporting capital gains stemming from crypto sales or dispositions.
Neglecting to report additional income obtained in cryptocurrency.
Omitting business income earned in cryptocurrency.
Not disclosing wages paid in cryptocurrency.
Evasion of payment
Evasion of payment unfolds after a tax assessment has been determined, and the taxpayer hides assets or funds that could settle their tax debt. While relatively less common in the crypto sphere, this form of tax evasion is not entirely unheard of.
Easily calculate your crypto taxes with TokenTax's free crypto tax calculator.
If you've failed to file crypto taxes, TokenTax can help
Our expert team of crypto tax accountants at TokenTax is here to help you navigate the crypto tax filing process at any point, whether you've yet to file crypto tax or have neglected to do so in the past and need to file amended returns.
Tax laws and regulations regarding cryptocurrency can vary significantly from one jurisdiction to another. Cryptocurrency users must understand and comply with the tax laws in their respective countries to avoid potential legal consequences. Our team is available and will work with you and your unique circumstances to ensure compliance with your region's tax regulations.
Schedule a FREE crypto tax consultation
What happens if you don't report cryptocurrency on taxes FAQs
Do you have to report crypto if you don’t sell?
Do you have to report crypto under $600?
What happens if I don't report crypto losses?
What happens if I forgot to report crypto on taxes?
Will the IRS know if I don't report crypto gains?
Will the IRS know if I don't claim crypto?
Do all crypto exchanges report to the IRS?
Will I get audited for not reporting crypto?
How to submit an amended tax return
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