3 ms·

The in-kind rule is not going to apply to any kind of crypto. TFA states it's now formally restricted to domestic real-estate.

gojomo 9y ago
TFA is explicit that it is reporting on a legislative change (expected but not yet signed into law) that'd be effective January 1, 2018. It strongly implies a more-favorable treatment is being lost, and that more-favorable treatment was still available for ty2016, and is still available 'now', and through December 31, 2017.
- gamblor956 9y ago
  No, TFA is saying that a potential method of characterizing bitcoin exchanges is being explicitly eliminated. It never says that this method was acceptable. Unlike other forms of law, tax law can be retroactive (see, e.g., the loss-harboring tax shelter scandal). You could always play with fire and try this for your 2016 and 2017 transactions, but if you get audited, expect penalties.
  - gojomo 9y ago
    The article lede strongly implies that method is a currently operative tax advantage: > Investors in bitcoin and other virtual currencies would lose a lucrative tax break…" It also reports, without caveats (or attribution to "some say") that the characterization has been used successfully, so far, in the absence of an explicit prohibition: > Under current law, such trades have been protected under a provision that allows investors to defer capital gains taxes on so-called “like-kind exchanges” Several of the tax attorneys quoted advance the interpretation that this treatment will only stop on January 1, 2018 under the new bill. Of course, there's a risk given the ambiguities also mentioned in the article. But the fact that it required legislation, with a future-effective-date, to clarify may give more cover to those using the treatment before that date – and focus discretionary enforcement on clearer cases in 2018.
    - zwily 9y ago
      I've spoken to several tax attorneys about this over the past couple years as well, and not one has said they'd be comfortable treating these as in-kind transactions. It was therefore surprising to me to read this article today.

gojomo 9y ago

TFA is explicit that it is reporting on a legislative change (expected but not yet signed into law) that'd be effective January 1, 2018. It strongly implies a more-favorable treatment is being lost, and that more-favorable treatment was still available for ty2016, and is still available 'now', and through December 31, 2017.

gamblor956 9y ago
No, TFA is saying that a potential method of characterizing bitcoin exchanges is being explicitly eliminated. It never says that this method was acceptable. Unlike other forms of law, tax law can be retroactive (see, e.g., the loss-harboring tax shelter scandal). You could always play with fire and try this for your 2016 and 2017 transactions, but if you get audited, expect penalties.
- gojomo 9y ago
  The article lede strongly implies that method is a currently operative tax advantage: > Investors in bitcoin and other virtual currencies would lose a lucrative tax break…" It also reports, without caveats (or attribution to "some say") that the characterization has been used successfully, so far, in the absence of an explicit prohibition: > Under current law, such trades have been protected under a provision that allows investors to defer capital gains taxes on so-called “like-kind exchanges” Several of the tax attorneys quoted advance the interpretation that this treatment will only stop on January 1, 2018 under the new bill. Of course, there's a risk given the ambiguities also mentioned in the article. But the fact that it required legislation, with a future-effective-date, to clarify may give more cover to those using the treatment before that date – and focus discretionary enforcement on clearer cases in 2018.
  - zwily 9y ago
    I've spoken to several tax attorneys about this over the past couple years as well, and not one has said they'd be comfortable treating these as in-kind transactions. It was therefore surprising to me to read this article today.