great thanks me and my CPA decided to not go with FIFO or LIFO. He suggested we file my earnings as you would with stock shares. So we calculated from when the coins were mined to the end of the tax year and then "averaged" the earnings. That way when they do appreciate more i have already paid taxes on them (end of 2012 being around $15).
Since i use my mining computer for gaming and work i cannot write off the electricity he stated. But i can write off the video cards are expenses.
He stated if i build a dedicated mining rig.. or buy an ASIC that would be a pure business expense. And would be able to write it off during that tax year bought. He also stated if i mined in a dedicated room, part of my cooling bill and electricity bill can be written off.. but only if that room is used for purely business.
thought you all would want to know...
Notice how everything your CPA said is his suggestion or opinion. I am not disregarding his opinion, but the reason why he is giving you suggestions is because there are no IRS or court precedents regarding bitcoin mining or trading. The best that any professional can do, your accountant included, is apply your specific business situation to the applicable tax regulations governing capital gains and small business taxation. I tend to agree with your accountants treatment of your mining business. I would comment that he is erring on the conservative side by not allowing business percentage use of your mining rig and utility costs. This is a sensible approach as it will allow for a higher tax rate on you. This is bad because it means more money out of your pocket, but it is good in that it gives the IRS less of an incentive to ask questions regarding your Bitcoin business. The fewer questions you have to answer from the IRS the better. Many times it is better to pay a little more tax in order not to have to answer those questions.
I do NOT encourage you to dodge taxes. I RECOMMAND that you declare all your incomes including incomes in Bitcoin.
The explanations below are only a though experiment, for illustrative purpose, and used as an illustration of what you should seek to AVOID DOING, because that would represent an offence under income law.
The question you have to ask yourself is whether there is any way your holdings in BTC can be linked back to you.
- If you have been solo mining and never moving your coins, you will have in your wallet as many new private addresses containing 50 / 25 BTC each as you found blocks. These cannot be linked back to you as long as you don't send them to an address that you have used for a transaction under your real identity, or any identity that could be traced back to you (you have to assume that the IRS in 5 or 10 years may have a much better technology to analyse the blockchain + information from exchange and large merchants they could use to connect the dots).
- If you have been mining using a pool under a pseudonym while making sure that nothing was leading back to you (email address included), and you never transfered the payout to an address that you have used for a transaction under your real identity, or any identity that could be traced back to you, the only existing link is the IP if the pool logged it and still have it in X years. That's a very very weak link, and unlikely unenforceable.
So if the answer to the above is : "No, the coins I mined cannot be linked back to me at this very moment", and if you have not been declaring your mining activity in any way, then you should be safe in regard to IRS as long as you make sure not to create the missing link that would allow them in the future to prove that you had hidden holdings that led to undeclared realized capital gains.
Now, if you have such coins that can't be traced back to you, and you want to redeem them for cash, there are a few ways you can do that while remaining under the radar of IRS:
- OTC trading: "virgin" blocks of 25 BTC / 50 BTC sell for a premium on the off-exchange market. Make sure to do the transaction in person and in cash, and don't give your real identity to your counterparty.
- Sell stuff to yourself for Bitcoins on ebay, with "in person delivery" so you aren't supposed to know the real ID of your buyer. Make sure the proceed remains within the limit set by IRS for private selling as individual. And keep all the records.
- Send the coins to a (close, trustable, and equally tax dodgy) relative who doesn't have taxable income, or a low taxable income, and have this relative withdraw the coins under his / her real name, in amounts high enough to be effective, but low enough to remain under the tax threshold. Make sure this relative *declares* this income and effectively receive tax clearance. Now the amount is clear from taxation, and you can have the relative offer it to you either officially using a bank transfer (if under the yearly limit set for donation / gift), or withdraw it as cash and give it to you in person. You may want to prepare a scenario to explain why your relative got that free money coming from nowhere in first place (sold something in-person for Bitcoins for instance).
- Send the coins to someone who is fiscal resident in a country where capital gains are not taxable. This person can withdraw the money without bothering about hiding anything. Then have this person give you the money either officially (if under the yearly limit set for donation / gift) or by cash. Or even better, sell something to this person on ebay, and receive officially the proceeds by wire (so long as the amount remains within the limits set by IRS for private selling as individual).
No one should accept tax evasion advice in a public forum. The Common sense response to the tax evasion you are suggesting is that the IRS doesn't care if you mine $1000 worth of bitcoins and go through your whole process of selling stuff on ebay, or transfering coins to friends, in order to evade $100 worth of tax. But if you have made significant sums (maybe 100K or more) and you just bought yourself a Mercedes or a boat or opened a foreign bank account with your name and social, AND you are claiming you are a simple student with $5000 of taxable income on your tax returns, then the IRS will have an incentive to investigate you. A financial incentive because you are hiding large sums of tax revenue and a criminal incentive because you are engaging in sophisticated money laundering and tax evasion schemes that the IRS Criminal Investigations Division are tasked to prosecute. Once an investigation is opened it is up to you how you handle it. Either hire yourself a good and expensive lawyer or negotiate a plea bargain. But in the end, tax evasion doesn't pay off. The money you save today, will in all likelihood be spent tomorrow either hiring a good lawyer and accountant or directly to pay your back taxes.