The IRS officially began taxing cryptocurrency in 2014 with the release of Notice 2014-21, which classified virtual currency as "property" rather than currency for federal tax purposes. This means that transactions—such as selling, trading, or using crypto for purchases—are subject to capital gains or ordinary income taxes.
Getting paid in crypto: If you were paid in crypto by an employer, your crypto will be taxed as compensation according to your income tax bracket. Getting crypto in exchange for goods or services: If you accept crypto in payment for a good or service, you're responsible for reporting it as income to the IRS.
“At any time during 2020, did you receive, sell, send, exchange, or otherwise acquire any financial interest in any virtual currency?” The IRS first introduced this question in 2019 as part of its larger campaign to crack down on the lack of reporting for cryptocurrency-related income.
Common Triggers
Individuals investing in Crypto should be aware of the following common errors that may trigger IRS scrutiny: Failure to Report Crypto Assets on Form 1040: Taxpayers must answer the digital asset question each year. Leaving it blank or ignoring it, even if no transactions occurred, can raise red flags.
However, starting in tax year 2023, the American Infrastructure Bill of 2021 requires crypto exchanges to send 1099-B forms reporting all transaction activity. And, beginning with the 2025 tax year, the IRS will require Form 1099-DA to be sent to taxpayers for certain sale and exchange transactions of digital assets.
What happens if you don't report cryptocurrency on your taxes? The IRS is perfectly clear that crypto is taxed, and failure to report crypto on your taxes may result in steep penalties. The punishments the IRS can levy against crypto tax evaders are steep, as both tax evasion and tax fraud are federal offenses.
In 2014, the IRS issued Notice 2014-21, 2014-16 I.R.B. 938, explaining that virtual currency is treated as property for federal income tax purposes and providing examples of how longstanding tax principles applicable to transactions involving property apply to virtual currency.
Generally, the IRS can include returns filed within the last three years in an audit. If we identify a substantial error, we may add additional years. We usually don't go back more than the last six years. The IRS tries to audit tax returns as soon as possible after they are filed.
Selling crypto in a year when your income is lower can reduce the taxes you owe. Gifting cryptocurrency is generally not a taxable event for the giver. Crypto IRAs allow you to hold cryptocurrency long-term while deferring or avoiding taxes.
Cryptocurrencies are traceable, with transactions recorded on a public ledger accessible to the IRS. The IRS uses advanced methods to track crypto transactions and enforce tax compliance. Centralized exchanges provide user data to the IRS.
The IRS generally can't seize assets essential for basic living, like necessary clothing, schoolbooks, furniture, and tools of your trade (up to certain limits), plus items like unemployment, workers' comp, child support, and public assistance payments, along with a portion of your wages. However, major assets like your home, vehicles, bank accounts, and retirement funds can be seized, though the IRS must follow procedures and often seeks the quickest collection method, usually targeting liquid assets first.
8 Ways to Avoid Crypto Tax in Canada 2026
The "crypto 30-day rule" refers to the IRS wash-sale rule, which does not apply to cryptocurrencies, treating them as property, not securities, allowing investors to sell at a loss and immediately buy back the same crypto to realize the loss for tax purposes (tax-loss harvesting) without waiting 30 days, unlike stocks. However, some tax authorities (like the UK's HMRC and Lanop or local interpretations) may have their own "bed and breakfast" rules that match sales and purchases within 30 days, affecting capital gains, so it's crucial to check specific tax jurisdictions.
The IRS 7-year rule primarily applies to keeping records for claiming a deduction for bad debts or losses from worthless securities, allowing a longer period to file for a credit or refund, but it's not a universal audit limit; it's often a recommended safe buffer for general record-keeping, with the standard IRS audit period usually being 3 years, extending to 6 years for substantial income omission (over 25%) or foreign income issues, and indefinitely for fraud.
The IRS $600 rule refers to a change in reporting requirements for third-party payment apps (like Venmo, PayPal) for taxable income from goods and services, where platforms must send a Form 1099-K if you receive over $600 in a year, intended to capture gig economy/side hustle income, though delays and phased implementation have adjusted the timeline, with current rules for 2024 using a higher threshold ($5,000) before fully phasing to $600 for future years, but remember all taxable income, regardless of form, must always be reported.
Yes, the IRS generally has a 10-year statute of limitations (Collection Statute Expiration Date or CSED) from the tax assessment date to collect unpaid taxes, meaning the debt usually goes away then; however, this clock can be paused or extended by certain events like filing for bankruptcy, entering installment agreements, or living abroad, and there's no time limit for fraud, says the IRS and tax professionals https://www.irs.gov/newsroom/taxpayer-bill-of-rights-6,.
Not reporting all of your income is an easy-to-avoid red flag that can lead to an audit. Taking excessive business tax deductions and mixing business and personal expenses can lead to an audit. The IRS mostly audits tax returns of those earning more than $200,000 and corporations with more than $10 million in assets.