Quote from: BTC Books on May 25, 2013, 01:37:59 AM

Quote from: SamS on May 24, 2013, 11:52:51 PM

My own point of view is that you are buying equipment to run a business. This business is "mining" bitcoins and your equipment is part of that business -- as are your electricity, commissions, and any other expenses. If you choose to depreciate it rather than expense it, then you only get a fractional deduction against income each year -- as a previous poster pointed out. If you take a section 179 deduction (in the US) for small business equipment you can deduct the total cost in the first year. Regardless, your income is business income and not a capital gain. Consequently, it gets taxed according to the structure of the business you have set up -- schedule C if you didn't bother to create a business for this. I do agree that whatever rationale you choose, you should pay taxes. Right or wrong regarding treatment, you won't be evading taxes -- which the IRS thinks poorly of.

The question is: can you really do a Section 179 for equipment you haven't received, and haven't actually used to generate income in the year it was purchased?

If you're integrating that machine into an existing operation that has a history with the IRS, I would think you could.

But what about if you've never mined before, and have never had any previous tax events related to bitcoin? Interesting question.

As the previous poster said, the answer would be "No" with this fact set. I was looking at the cap gains vs income issue and threw 179 there as a fillip if you met the business criteria. For section 179 specifically, the rules are pretty clear. The equipment must also be placed in service in the year purchased to qualify. Also, use must be more than 50% for the business. And of course, if your business makes a loss there is no deduction -- but an accelerated depreciation carry forward provision could apply.

With regard to the poster who suggested that use of your property to make a living is not income, I refer you to the definition of a trade or business found in Treasury Regulation 1.183-2. This summary is taken from Wikipedia but it's accurate. If what your doing sounds like this, then it's probably better to file as a business -- especially if there is substantial income. This is not tax advice by the way. But it should tell help you decide if you need to consult an accountant. Again, I hope it helps.

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Treasury Regulation 1.183-2(a) defines activity not engaged in for profit as "any activity other than one with respect to which deductions are allowable for the taxable year under section 162 (business expenses) or under paragraph (1) or (2) of section 212 (investment expenses)." While this definition tells the reader nothing more than not for profit activity means non-business and non-investment activity, subsection (b) of Regulation 1.183-2 provides 9 factors which may be used to determine whether an activity is, or is not, for profit:

1. The manner in which the taxpayer carries on the activity: If the activity is carried on "in a business like manner and maintains complete and accurate books and records" it is indicative of the activity being for profit.[3]
2. The expertise of the taxpayer or his advisors: "Preparation for the activity by extensive study of its accepted business, economic, and scientific practices, or consultation with those who are experts therein, may indicate that the taxpayer has a profit motive where the taxpayer carries on the activity in accordance with such practices." [4]
3. The time and effort expended by the taxpayer in carrying on the activity: If a taxpayer devotes a significant amount of time to the activity, it indicates the activity is for profit. The fact that a taxpayer does not devote a significant amount of time to the activity does not adversely affect the for profit determination so long as the taxpayer "employs competent and qualified persons to carry on such activity." [5]
4. Expectation that assets used in activity may appreciate in value: If the taxpayer expects to profit from the activity, this indicates it is for profit.[6]
5. The success of the taxpayer in carrying on other similar or dissimilar activities: "The fact that the taxpayer has engaged in similar activities in the past and converted them from unprofitable to profitable enterprises may indicate that he is engaged in the present activity for profit, even though the activity is presently unprofitable." [7]
6. The taxpayer's history of income or losses with respect to the activity: "Where losses continue to be sustained beyond the period which customarily is necessary to bring the operation to profitable status, such losses, if not explainable, as due to customary business risks or reverses, may be indicative" that the activity is not for profit. "A series of years in which net income was realized would of course be strong evidence that the activity is engaged in for profit." [8]
7. The amount of occasional profits, if any, which are earned: "Substantial profit, though only occasional, would generally be indicative that an activity is engaged in for profit, where the investment or losses are comparatively small." Also, "an opportunity to earn a substantial profit in a highly speculative venture is ordinarily sufficient to indicate that the activity is engaged in for profit." [9]
8. The financial status of the taxpayer: "The fact that the taxpayer does not have substantial income or capital from sources other than the activity may indicate that an activity is engaged in for profit." [10]
9. Elements of personal pleasure or recreation: "The presence of personal motives in carrying on of an activity may indicate that the activity is not engaged in for profit... It is not, however, necessary that an activity be engaged in with the exclusive intention of deriving a profit." [11]

With regard to these 9 factors, section 1.183-2(b) stresses that "no one factor is determinative" as to whether or not an activity is engaged in for profit, and that a determination cannot be made simply because the factors indicating a for profit activity outnumber the factors indicating a not for profit activity, or vice-versa.[12] Section 1.183-2(b) also emphasizes that this list of 9 factors is not exhaustive, so that "in determining whether an activity is engaged in for profit, all facts and circumstances with respect to the activity are to be taken into account."[2]