HMRC targets crypto traders - Naail & Co (2024)

Increased Scrutiny on Crypto Traders

The HM Revenue & Customs (HMRC) has escalated its efforts to regulate cryptocurrency transactions, with a surge in tax investigations targeting crypto traders and investors. Individuals are receiving letters from HMRC, alerting them to ongoing investigations into potential non-payment of taxes.

Enquiry Letters and Information Requests

These letters, now reaching crypto investors, request detailed information regarding their crypto investments. Specifically, HMRC seeks clarification on funding sources, methods for determining taxable profits, and procedures for accounting for losses in tax calculations. Investors are instructed to furnish documentation recording their cryptocurrency transactions and income generated from such holdings.

Tight Response Deadlines

HMRC has imposed a strict one-month deadline for taxpayers to respond to these enquiries. This has generated considerable anxiety and apprehension among recipients, particularly given the complexity of cryptocurrency tax regulations and the potential consequences of inaccurate responses.

Complexity of Cryptocurrency Taxation

Navigating the tax landscape surrounding cryptocurrencies can be challenging, particularly for individuals lacking professional guidance. The distinction between investors and traders is pivotal, as regular trading activity may trigger classification as a trader, subjecting individuals to higher income tax liabilities instead of capital gains tax.

Cautionary Advice from Experts

Neela Chauhan, a partner at UHY Hacker Young, underscores the importance of cautious responses to HMRC enquiries. She emphasizes the potential pitfalls of inadvertently conveying a trader status to HMRC and advises recipients of enquiry letters to seek professional advice before responding.

HMRC’s Increased Vigilance

HMRC’s heightened focus on cryptocurrency taxation coincides with the significant surge in crypto market valuations over the past year. The tax authority is keen to harness crypto transactions as a source of tax revenue, especially considering the growing number of cryptocurrency owners in the UK, which stood at 4.9 million in 2022, according to the Financial Conduct Authority.

Conclusion

In conclusion, as HMRC intensifies its efforts to enforce tax compliance within the cryptocurrency sphere, investors must exercise caution and seek professional guidance to navigate the complexities of crypto taxation and ensure accurate compliance with tax obligations.

UK taxes on Crypto currency

In the United Kingdom, taxation of cryptocurrency transactions is subject to the same principles as traditional financial assets, albeit with some unique considerations. Cryptocurrency holdings and transactions are subject to capital gains tax (CGT) when disposed of for a profit, with individuals required to report gains exceeding the annual CGT allowance to HM Revenue & Customs (HMRC). The tax liability is calculated based on the difference between the disposal proceeds and the original acquisition cost, taking into account any allowable deductions or reliefs. Additionally, individuals engaged in cryptocurrency trading as a business may be subject to income tax on their trading profits. The classification of individuals as investors or traders depends on the frequency, volume, and nature of their trading activities, with HMRC applying relevant case law and guidance to determine the appropriate tax treatment. Furthermore, VAT may be applicable to certain cryptocurrency-related activities, such as trading services, although the precise VAT treatment varies depending on the nature of the transaction. Overall, navigating the tax implications of cryptocurrency transactions in the UK requires a thorough understanding of tax regulations, diligent record-keeping, and potentially professional advice to ensure compliance with tax obligations.

Click here for our detailed blog on UK taxes on Crypto currency.

HMRC targets crypto traders - Naail & Co (1)

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FAQs

What is the HMRC letter for crypto? ›

If HMRC believe you have made undisclosed profits on cryptocurrency and owe them tax, you may be sent a 'nudge' letter from them. To date 8,329 of these letters have been sent out from HMRC, and they've been very busy collecting data from crypto exchanges for the past three years in order to obtain this intel.

How does HMRC find out about crypto? ›

HMRC gathers information from a wide range of sources. It can pull information directly from cryptoasset exchanges and can also use international tax treaties to gather data.

Does crypto.com notify HMRC? ›

Yes. In the UK, your transactions on Crypto.com or other platforms are subject to capital gains tax and ordinary income tax. If you've earned or disposed (ex. Sold or traded away cryptocurrency) during the year, you'll have a tax liability to report to HMRC.

How to cash out crypto without paying taxes in the UK? ›

Everyone in the UK has a Capital Gains tax-free allowance of £12,300. So if your crypto profits are under £12,300, you won't need to pay Capital Gains tax or report your crypto profits. If you sell your crypto for more than you bought it, you'll need to pay Capital Gains tax on the difference (profits).

Can HMRC seize crypto? ›

HMRC can also seize assets as part of their investigations into civil or criminal wrongdoing. They have wide-ranging powers of search and seizure, extending to intangible assets such as crypto currency. This may give way to a forfeiture notice, which can be issued without the need for a prosecution.

Why does the IRS ask if you have cryptocurrency? ›

You may have to report transactions with digital assets such as cryptocurrency and non-fungible tokens (NFTs) on your tax return. Income from digital assets is taxable.

Do Coinbase report to HMRC? ›

Among other requirements, it mandates that crypto platforms, such as Coinbase and Gemini, report taxpayer information to HMRC and other European tax authorities.

Can the IRS track your crypto? ›

Yes, the IRS can track cryptocurrency, including Bitcoin, Ether, and a huge variety of other cryptocurrencies. The IRS does this by collecting KYC data from centralized exchanges.

Do you have to pay taxes on crypto if you reinvest? ›

Yes. Trading one cryptocurrency for another is subject to capital gains tax. You will incur a capital gain or loss depending on how the price of the crypto you're trading away has changed since you originally received it.

Do you have to pay taxes on Bitcoin if you don't cash out? ›

If you're holding crypto, there's no immediate gain or loss, so the crypto is not taxed. Tax is only incurred when you sell the asset, and you subsequently receive either cash or units of another cryptocurrency: At this point, you have “realized” the gains, and you have a taxable event.

Can the gov track crypto account? ›

Authorities such as the police, the US Federal Bureau of Investigation, or the US Internal Revenue Service (IRS) rely on public cryptocurrency transactions to track individuals and organizations that evade taxes or use cryptocurrencies.

How much tax do I pay on crypto gains? ›

What affects your crypto taxes? For US taxpayers, the key factor affecting tax on crypto gains is whether a profit was realized in the short or long term. Long-term tax rates on profits from tokens held for a year or longer peak at 20%, whereas short-term capital gains are taxed at the same rate as income: 10-37%.

How long do I have to hold crypto to avoid taxes? ›

If you own cryptocurrency for one year or less before selling, you'll pay the short-term capital gains tax. Short-term capital gains taxes are higher than long-term capital gains taxes.

Can I trade crypto without paying taxes? ›

The IRS treats cryptocurrencies as property for tax purposes, which means: You pay taxes on cryptocurrency if you sell or use your crypto in a transaction, and it is worth more than it was when you purchased it. This is because you trigger capital gains or losses if its market value has changed.

Do I have to report crypto on taxes if I lost money? ›

Yes, you can write off crypto losses on taxes even if you have no gains. If your total capital losses exceed your total capital gains, US taxpayers can deduct the difference as a loss on your tax return, up to $3,000 per year ($1,500 if married filing separately).

What is the tax document for crypto? ›

For example, an investor who held a digital asset as a capital asset and sold, exchanged or transferred it during 2023 must use Form 8949, Sales and other Dispositions of Capital Assets, to figure their capital gain or loss on the transaction and then report it on Schedule D (Form 1040), Capital Gains and Losses.

Do I need to report crypto on tax return? ›

Any cryptocurrency capital gains, capital losses, and taxable income need to be reported on your tax return. You can report your capital gains and losses on Form 8949 and your income on Form 1040 Schedule 1 or Schedule C depending on your situation.

What is the UK crypto tax company? ›

Andersen LLP is a London-based award-winning crypto tax and advisory firm providing personal, corporate, and international tax advice to Web3 clients.

How do you treat crypto on tax return? ›

The most common use of crypto is as an investment, in which case the crypto asset is a capital gains tax (CGT) asset. If you acquire a crypto asset as an investment, transactions such as disposal or exchange or swap are a CGT event and you may make a: capital gain. capital loss, which can reduce capital gains you make.

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