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Tell HN: Cryptocurrency transactions >$10k require filing Form 8300 with the IRS

40 pointsby bidandanswerover 1 year ago
To paraphrase, historically, all <i>cash</i> transactions worth more than $10k that occurred in the US or by a US-based business must be reported on IRS Form 8300. Failure to report within 15 days could result in a felony charge.<p>Wires, ACH transfers, and certain types of checks do not count as cash in this context.<p>In 2021, congress passed the Infrastructure Investment and Jobs Act. Snuck into this act was a line that expanded the definition of cash to include &quot;digital assets&quot; [1]. This new definition applies to all forms filed after December 31, 2023.<p>This means, as of yesterday, all cryptocurrency transactions worth &gt;$10k must be reported via Form 8300.<p>However, Form 8300 is woefully incompatible with the nature of such transactions. This is some of the information you must attempt to gather for the form:<p>Payer&#x27;s<p>- First &amp; Last Name<p>- Address<p>- Social Security Number<p>Other<p>- &quot;Digital Asset&quot; is not one of the options for the type of cash received<p>- If paid by a DAO or protocol, it is unclear who, if anyone, can be specified as the person or business that paid you. They do not have a name, address, or social security number.<p>The IRS will soon be inundated by hundreds of thousands (I may be off on the low side by many orders of magnitude) of half-completed forms.<p>Whether or not the form is constitutional is a related legal question, the answer to which seems to be leaning &quot;yes,&quot; unfortunately.<p>It is disheartening that opaque, incomplete reporting infrastructure is coupled with severe financial and criminal penalties.<p>Please, reach out to your congressperson and urge them to force the IRS to provide more clarity and guidance on this issue. Preferably with haste!<p>1. https:&#x2F;&#x2F;www.congress.gov&#x2F;bill&#x2F;117th-congress&#x2F;house-bill&#x2F;3684&#x2F;text

4 comments

p-e-wover 1 year ago
&gt; Please, reach out to your congressperson and urge them to force the IRS to provide more clarity and guidance on this issue.<p>Good luck with that, considering that the vagueness and uncertainty is almost surely the <i>purpose</i> of such measures, rather than an unintended consequence.<p>Today&#x27;s regulatory landscape operates not by prohibiting things (which would be open to legal and social challenges), but by making compliance prohibitively expensive, or outright impossible.
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hliebermanover 1 year ago
This is incorrect. The IRS only requires the filing of form 8300 if, and only if, you&#x27;ve received a transaction in excess of $10k _during the course of your trade or business_[1]. It does not apply to private citizens engaging in personal activities, such as trading digital currency.<p>This is also not a new thing; it&#x27;s the same reporting you&#x27;ve always had to do when you engage in transactions outside of the banking system (e.g., in cash).<p>[1]: 26 USC §6050I, &quot;Any person who: (1) is engaged in a trade or business, and (2) who, in the course of such trade or business, receives more than $10,000 in [cash, including digital assets]...&quot;
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lostmsuover 1 year ago
You must be mistaken about &quot;all transactions&quot;. Cause that would apply to every single movement of money between your own regular bank accounts too. And every mortgage and loan payment of &gt;$10k.
paulproteusover 1 year ago
If it&#x27;s a big problem, can you ask the DAO to mail you a check instead?
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