Section 79

Taxpayers who previously adopted 419, 412i, captive insurance or Section 79 plans are in big trouble. In recent years, the IRS has identified many of these arrangements as abusive devices to funnel tax deductible dollars to shareholders and classified these arrangements as "listed transactions." These plans were sold by insurance agents, financial planners, accountants and attorneys seeking large life insurance commissions. In general, taxpayers who engage in a "listed transaction" must report such transaction to the IRS on Form 8886 every year that they "participate" in the transaction, and you do not necessarily have to make a contribution or claim a tax deduction to participate Contact Lance Wallach and get out of this tax problem before it's too late 516-236-8440 Wallachinc@gmail.com

Syndicated Conservation Easements Named on IRS 2019 “Dirty Dozen” Tax Scams

The Internal Revenue Service announced a significant increase in enforcement actions for syndicated conservation easement transactions, a priority compliance area for the agency. Syndicated conservation easements are private placements that promise tax deductions worth four to four-and-a-half times a person’s investment. Some syndicated conservation easement deals are offering investors charitable contribution deductions on taxes for large amounts. According to the IRS, coordinated examinations are being conducted across the IRS in the Small Business and Self-Employed Division, Large Business and International Division and Tax Exempt and Government Entities Division. Separately, investigations have been initiated by the IRS' Criminal Investigation division. These audits and investigations cover billions of dollars of potentially inflated deductions as well as hundreds of partnerships and thousands of investors. According to an IRS Notice: The Treasury Department and the IRS have become aware that some promoters are syndicating conservation easement transactions that purport to give investors the opportunity to claim charitable contribution deductions in amounts that significantly exceed the amount invested. In such a syndicated conservation easement transaction, a promoter offers prospective investors in a partnership or other pass-through entity (“pass-through entity”) the possibility of a charitable contribution deduction for donation of a conservation easement.

419 and 412i IRS Problems? We have saved our clients from IRS Penalties.

419 and 412i IRS Problems? We have saved our clients from IRS Penalties.

FBAR IRS Audits

If you have checking, demand deposit, or investment accounts based with an offshore financial institution, there's a good chance that you will need to file what's known as a Foreign Bank Account Report. Popularly referred to as an FBAR, this report is typically filed once a year. There are exceptions based on the amount of funds you have in those offshore accounts. How do you know when it's necessary to file an FBAR? If you do need to file the report, how do you go about doing so? Here are some essentials that will help you understand the nature of the filing, what it means for your financial well-being, the potential penalties for failing to file, and how you go about filing the right report by the right due date. Understanding The Basics Updated in 2013 to what is known as Form 114, the Foreign Bank Account Report is a document that is filed with the US Financial Crimes Enforcement Network (FinCEN). FinCEN is a bureau that is part of the US Treasury Department. Don't allow the name of the bureau to intimidate you. Your filing is not in any way an inference that you might be involved in some sort of illegal activity. The goal is simply to ensure that there are no questionable issues occurring with your domestic or international holdings. Remember that you do not file your FBAR with the IRS. It's not directly connected to your taxes. There are other forms that you would file along with your income tax returns that are related to your foreign holdings. Specifically, you may need to file the FATCA-related Form 8938 with your returns. Form 8938 would be sent to the IRS and not to the Financial Crimes Enforcement Network. Your accountant can help you track when you need to file each of these forms and which agency, or bureau needs to receive them. Who Has To File An FBAR? Citizens or resident aliens of the United States who have any type of financial interest in or who have signature authority over one or more offshore accounts may need to file an FBAR. There are specific requirements that determine if there's the need to file this report in any given calendar year. One important requirement is that the report must be filed if the cumulative balance in all of the filer's offshore accounts exceeds a certain amount at any time during the year under consideration. Since that amount may be subject to change, it's important to seek help from a CPA who can verify what the current minimum amount happens to be. Is There A Threshold For Filing An FBAR? As of 2019, there is a threshold or minimum balance that would require you to file an FBAR. At present, the cumulative balances of your offshore accounts would have to meet or exceed the amount of USD 10,000 in order to require the filing. That balance could be realized at any time during the year under consideration and would include balances in investment accounts, demand deposits, any form of savings account, or a checking account. The key here is that you have to be aware of your account balances throughout the calendar year. Even if those combined balances are less than USD 10,000 USD at the end of the year, you may still need to file the report. For example, the total in those accounts reached a peak amount of USD 12,000 during the third quarter. Even though they dropped back down by the end of the fourth quarter, you will still need to file an FBAR. Will I Pay Taxes Based On The FBAR? The purpose of the FBAR is to account for funds that US citizens or resident aliens have placed in offshore accounts. However, they have nothing to do with the amount of taxes that you owe. Your tax burden is based on the amount of income that's generated from domestic sources and other sources that current tax laws do consider subject to taxation. As of the end of 2019, the holdings in your offshore banking and investment accounts are not factored into your tax burden. Don't forget that the FBAR is not a form that you include with your tax returns. It goes to a separate bureau within the Treasury Department. The goal of having citizens and resident aliens file the report is to minimize the amount of fraud that sometimes takes place when unscrupulous individuals and businesses seek to hide funds from the government. Since you have no intention of doing so, there is no need to worry about your FBAR filing having any impact on your taxes. What Happens If I Fail To File The FBAR? Keeping track of the balances in your offshore accounts is important for more than one reason. When it comes to reporting your wealth to a domestic agency, you want to avoid any penalties that could result from failing to file your FBAR. That includes the rather stiff financial penalties that could come about if you overlook filing one year. There are two possible penalties that may apply. Each depends on the reason for failing to file. For example, you may be charged a penalty because the failure to file is considered non-willful. This simply means that you made an honest mistake and did not realize that your offshore assets exceeded the USD 10,000 threshold. In this scenario, you would be assessed a penalty of USD 10,000 per violation. The second penalty has to do with a charge of willful failure to file. In this instance, there is evidence that you intentionally chose to not file in an attempt to hide funds. The financial penalty would be either USD 100,000 or half of the balances in your offshore accounts, whichever is higher. There is also the possibility of further penalties, up to and including jail time. Being assessed a civil penalty does not automatically preclude the possibility of being charged with a criminal offense. A lot depends on the circumstances surrounding the failure to file. The IRS could issue a warning in lieu of taking additional actions. At the same time, criminal actions are likely to result in more fines and up to five years in prison. What's The Actual Filing Process Like? At present, you can obtain Form 114 online through what is known as the BSA E-Filing System website. The form itself comes with a series of instructions similar to the way the Treasury Department provides instructions for filling out tax forms. The instructions are set up so that you can go over the form line by line and determine what information needs to be included in each field. The current structure requires that the report be submitted electronically by June 15. In years past, the final date was June 30. Unlike filing tax forms, there are no extensions and no grace periods. You can complete the report and then follow the instructions provided to submit the finished report. The system is set up to provide an acknowledgement that the document was received. If you are an individual or filing the report with a spouse, you do not need to set up an e-filing account. Accountants, legal counsel, or an agent who files the reports on behalf of clients will need to establish an account. Keeping Your Financial Reporting In Order The bottom line is that you should file an FBAR every year if you meet the threshold. In order to confirm that you do need to file, it's important to stay on top of the current balances in your offshore accounts.

Section 79 Plans : Business Owners in 419, 412i, Section 79 and Captive Insurance Plans Will Probably Be Fined by the IRS Under Section 6707A

Section 79 Plans : Business Owners in 419, 412i, Section 79 and Captive Insurance Plans Will Probably Be Fined by the IRS Under Section 6707A

Captive

A lawsuit arguing that taxpayers are permitted to challenge a Treasury Department reporting requirement without first violating it defies a measure Congress took to protect tax collection, the U.S. Solicitor General’s Office told the U.S. Supreme Court. The office made that argument in a Wednesday court filing urging the justices against taking up a case testing the reach of the Anti-Injunction Act. The act blocks lawsuits aimed at restraining officials from assessing or collecting taxes, which some interpret as shielding the department from early legal challenges to regulatory actions. In the new filing, the government insisted that the reporting requirement is directly tied to tax collection. “Requiring taxpayers and tax professionals to report information (and tax professionals to keep records) about such transactions enables the IRS to ensure that taxes applicable to them are not evaded but are properly assessed and collected,” the Solicitor General’s Office said. CIC Services LLC, a Tennessee-based company, has argued that the law doesn’t block its challenge to a reporting requirement backed by a penalty in IRS Notice 2016-66 because it’s challenging the burdens of reporting rather than the penalty itself and, in any event, the penalty isn’t a tax. The case strongly divided judges at the U.S. Court of Appeals for the Sixth Circuit, with a three-judge panel ruling 2-1 in favor of the government and multiple judges weighing in separately when the full circuit declined to rehear that decision. The IRS notice required CIC Services to report the micro-captive transactions it advised on, which involve small insurance companies that are allowed to pay tax on just their investment income if their premium income doesn’t surpass $2.3 million. The IRS has argued that the arrangements may be tax-avoidance vehicles rather than genuine insurance. CIC Services has said the notice containing the reporting requirement isn’t legally valid because the IRS didn’t notify the public of its plans for the requirement and respond to comments in advance, which the company says was required by the Administrative Procedure Act. An attorney for CIC Services LLC didn’t immediately return a request for comment. The case is CIC Services, LLC v. Internal Revenue Service, U.S., No. 19-930, response brief filed 3/25/20.

Cybercurrency

 In the past several years, the use and prevalence of virtual currency have increased exponentially. The proliferation of digital assets has changed the way goods and services are exchanged and has allowed for faster and cheaper transactions. But with this new technology comes the increased risk of fraudulent activity – especially tax fraud. Recently, the Internal Revenue Service (“IRS”) has made it abundantly clear through guidance, amendments to tax forms, and even warning letters to Americans suspected of tax fraud, that it is getting very serious about virtual currency tax compliance.

The IRS and the Department of Justice (the “DOJ”) appear to be poised to commence a flurry of enforcement actions against virtual currency tax fraud offenders. Likely to be entangled in these enforcement actions are virtual currency institutions and companies that regulators suspect facilitated their customers’ tax evasion. It is thus imperative for all entities in the virtual currency industry to ensure their compliance programs are equipped to detect and prevent the facilitation of virtual currency tax fraud.

1. The IRS’s Focus on Virtual Currency

The IRS defines virtual currency as a “digital representation of value that functions as a medium of exchange, a unit of account, and/or a store of value.”[1] Cryptocurrency is “a type of virtual currency that utilizes cryptography to validate and secure transactions that are digitally recorded on a distributed ledger, such as a blockchain.”[2]

Beginning in 2014, the IRS has demonstrated an increasing focus on virtual currency tax compliance. This focus has continued even through to October of this year, signaling that regulators may be preparing to commence enforcement actions in the near term.

1. The Beginning: Notice 2014-21, John Doe Summons and the J5

The IRS’s first major action on virtual currency came in 2014 with its Notice 2014-21 (the “2014 Notice”).[3] According to the IRS, certain forms of virtual currency, known as convertible virtual currency, have an equivalent value in “real” currency like United States coin and paper money and can be used to pay for goods and services.[4] Bitcoin is an example of a convertible virtual currency.[5] The 2014 Notice acknowledges that convertible virtual currency should be treated as property for tax purposes.[6] The 2014 Notice was the IRS’s first public pronouncement of tax consequences related to virtual currency.

In 2016, the IRS sought to gain information on potential tax violations involving virtual currencies by serving a “John Doe” summons on Coinbase, one of the largest cryptocurrency exchanges in the U.S. The IRS alleged that virtual currency gains had been widely underreported and sought to obtain various records related to persons and transactions conducted through the exchange during the period of 2013-2015. Coinbase refused to comply, resulting in litigation and a final judgment by the U.S. District Court for the Northern District of California. In its ruling, the court allowed the IRS to move forward with a narrowed summons that granted access to certain taxpayer records from Coinbase involving transactions valued at $20,000 or more during the 2013-2015 period.[7]

Another significant development came in 2018 with the creation of the Joint Chiefs of Global Tax Enforcement, also known as the “J5.”[8] The alliance, formed among the United States, Australia, Canada, the Netherlands, and the United Kingdom, was a significant demonstration of the federal government’s commitment to combating tax fraud, both domestically and internationally. A year after its formation, the J5 was already involved in more than 50 investigations of international facilitators of tax fraud.[9] Additionally, a few months later, the J5 quickly turned its attention to virtual currency tax enforcement. In its second annual “Challenge,” during which member nations focus their efforts to identify “the most egregious tax offenders in the world,”[10] the United States hosted a J5 Challenge focused on cryptocurrency. Numerous experts from each member nation gathered in Los Angeles in November 2019 to generate leads and locate cryptocurrency tax offenders. In a statement after the cryptocurrency Challenge, the IRS stated that the “threat of cryptocurrencies to tax administration is one of the main focus areas of the J5.”[11] According to Bloomberg, the IRS identified “dozens” of potential cryptocurrency tax evaders during the November 2019 meeting.[12]

1. 2019: A Busy Year for Virtual Currency

Last year, the IRS meaningfully increased its focus on virtual currency tax compliance.

In July 2019, the IRS sent letters to more than 10,000 American taxpayers who may have failed to report their virtual currency transactions and pay the associated income taxes.[13] Each taxpayer received one of three letters, each varying in severity: Letter 6173,[14] 6174,[15] or 6174-A.[16] In Letter 6174, the least severe of the three letters, the IRS reminded taxpayers of their obligations to report virtual currency transactions. In Letter 6173, the IRS wrote to taxpayers who “may not have met [their] U.S. tax filing and reporting requirements for transactions involving virtual currency[.]” Letter 6173 went on to threaten an examination if recipients did not report their virtual currency transactions by filing a delinquent or amended return or submitting an affidavit stating they had properly reported their virtual currency transactions. Finally, in Letter 6174-A, perhaps the most serious of the three letters, the IRS threatened with enforcement activity those taxpayers who “may not have properly reported” their virtual currency transactions if they did not report these transactions with the filing of a delinquent or amended return.

The IRS reportedly sent a second round of these letters the following month, in August 2019. According to Bloomberg, the second round of letters addressed tax returns that did not match information received from cryptocurrency exchanges and “acknowledge[d] that trading exchanges, not the taxpayers, may have made the errors.”[17] According to reports, the IRS letters may be based on information obtained by the IRS from its 2016 John Doe summons on Coinbase.[18] In comments made on July 30, 2019, IRS Commissioner Charles Rettig reportedly said of the letters, “We didn’t send a letter to every seventh address. One might assume we had information, and we’re encouraging people to get there first.” An allegedly leaked IRS presentation from the same time period also indicates an increased focus on cryptocurrency tax enforcement.[19]

In October 2019, the IRS issued its most significant guidance on virtual currency since the 2014 Notice.[20] The guidance, which came in two parts, was part of the IRS’s “wider effort … to enforce the tax laws in a rapidly changing area” and “ensure fair enforcement of the tax laws for those who don’t follow the rules.”[21] The first part, Revenue Ruling 2019-24, provides guidance on certain virtual currency transactions known as hard forks and airdrops.[22] In the second part, the IRS issued a list of frequently asked questions that address transactions for taxpayers who hold virtual currency as a capital asset, such as calculating gains and losses.[23]

Finally, in 2019, the IRS made two important updates to tax forms that signaled a growing interest in virtual currency. In early 2019, the IRS released a new Form 14457, “Voluntary Disclosure Practice Preclearance Request and Application,” that includes a question on disclosing special features. One category listed under this question is virtual currencies. The form is used to make a preclearance request and determine the eligibility of a taxpayer to utilize the IRS’s voluntary disclosure program.[24] In December 2019, the IRS published the 2019 Schedule 1 to Form 1040.[25] Form 1040 is used to report taxpayers’ gross and taxable income, and taxpayers use Schedule 1 to report additional income such as prize or award money. On the 2019 Schedule 1 to Form 1040, the IRS explicitly asked, “At any time during 2019, did you receive, sell, send, exchange, or otherwise acquire any financial interest in any virtual currency?”[26]

1. 2020: The IRS Continues to Get Serious

This year, the IRS has continued its focus on virtual currency tax compliance.

In February, the J5 announced that Dutch authorities had arrested two men in connection with two criminal investigations on suspicion of money laundering using cryptocurrencies.[27] Also in February, the U.S. Government Accountability Office (GAO) published a study finding that additional information reporting and clarified guidance could improve cryptocurrency tax compliance. Among other things, the GAO report found that steps to increase third-party information reporting on virtual currency transactions could help the IRS provide taxpayers with useful information for completing tax returns and give the agency an additional tool to address noncompliance.[28] In March, the IRS reportedly invited cryptocurrency companies and advocates to a March 3 summit to discuss how the agency can “balance taxpayer service with regulatory enforcement.”[29]

In May, the IRS made a public request for assistance from third-party contractors on auditing tax returns for virtual currency issues.[30] In its Statement of Work, the IRS stated that it needed “consulting services to support a taxpayer examination involving virtual currency” and assistance to “calculate taxpayers’ gains or losses as a result of their transactions involving virtual currency.”[31] The Statement of Work even says that consultants “may need to testify at trial” to explain their calculations.[32]

In July, news outlets reported that the IRS had contracted with a major U.S. cryptocurrency exchange to use its proprietary blockchain analytics software[33] and had separately negotiated a contract with another blockchain analytics firm based in the U.K.[34] Also in July, the IRS, together with the Department of Treasury, reportedly commented during a webcast that in-progress guidance will address third-party tax reporting requirements for cryptocurrency transactions.[35] Specifically, the IRS is reportedly planning to issue guidance for information reporting on cryptocurrencies under Section 6045 of the tax code, which generally requires securities brokers to report basis and gross proceeds upon the sale of securities on Form 1099-B, “Proceeds From Broker and Barter Exchange Transactions.”[36]

In August, the IRS perhaps had its busiest month yet on virtual currency. On August 14, the IRS reportedly sent out a new set of warning letters to taxpayers similar to the 2019 letters.[37] A few days later, the IRS published a proposed Form 1040 for the 2020 tax year that again asked Americans about their virtual currency transactions.[38] This year, however, the IRS plans to raise the stakes by making the virtual currency question the very first question on Form 1040 instead of burying the question on Schedule 1. On August 28, the IRS released a memorandum concerning tax implications when receiving convertible virtual currency for services performed through a crowdsourcing or similar platform.[39] There are digital platforms that allow requestors to “crowdsource” jobs to others, such as completing an online quiz or survey. Sometimes compensation for completing a job is provided in the form of convertible virtual currency, which, as discussed above, is treated as property for tax purposes under the 2014 Notice. In its August 28 memorandum, the IRS makes clear that compensation in the form of convertible virtual currency must be reported on the recipient’s tax return.

In September, the IRS published a solicitation seeking to procure tools for tracing and attribution of privacy-focused cryptocurrencies like Monero. According to reports, proposals accepted by the IRS will receive an initial payment of $500,000 and will be eligible for a further grant of $125,000.[40] Finally, in October, the Tax Division of the DOJ unsealed an indictment against John McAfee, a computer programmer and businessman, alleging that McAfee “evaded his tax liability by directing his income to be paid into bank accounts and cryptocurrency exchange accounts in the names of nominees.”[41]

1. The Need for an Effective Compliance Program

The federal authorities will likely soon begin enforcement actions against taxpayers who have failed to properly report their virtual currency transactions. But institutions and entities in the virtual currency industry are also at risk if the IRS believes they facilitated tax fraud. For example, the IRS may assert that an employee of a virtual currency vendor improperly told a customer that taxpayers need not report virtual currency transactions on their returns.

One need only look to the DOJ Swiss Bank Program for insight on how regulators may proceed. After discovering U.S. assets hidden in Swiss banks, the DOJ created the program in 2013 to encourage banks to cooperate with investigations into the use of their accounts to commit tax evasion.[42] Cooperating banks were given non-prosecution agreements.[43] In December 2016, the DOJ reached its 80th and final resolution under the program, collecting more than $1.36 billion in penalties.[44] Just over a year later, Chief of the IRS Criminal Division, Don Fort, noted the Swiss Bank Program’s parallel with virtual currency tax fraud when he stated that it is “possible to use Bitcoin and other cryptocurrencies in the same fashion as foreign bank accounts to facilitate tax evasion.”[45] Additionally, last year, Treasury Secretary Steven Mnuchin made a similar comment about the parallel between virtual currency and “Swiss-numbered bank accounts.”[46]

Virtual currency institutions and entities must protect themselves now from unnecessary scrutiny and investigation with a robust and effective compliance program. Companies should look to the DOJ’s guidance published in June (the Guidance) for the best practices on implementing compliance measures to reduce fraud risks.[47] Aimed at determining whether a company’s compliance program seeks to meaningfully engage with risks and prevent fraud, the Guidance asks three “fundamental questions”: (1) Is the compliance program well designed? (2) Is the compliance program adequately resourced to function effectively? (3) Does the compliance program work in practice?[48]

A compliance program for a company in the virtual currency industry must ensure that customers and employees are not using the company’s services to facilitate tax evasion. Companies should keep the following concepts in mind when evaluating and updating their policies:

1. Design a Program Specific for the Virtual Currency Industry
   1. As a general principle, the Guidance makes clear that all companies are different and context matters. It lists specific factors that the DOJ will use to make individualized determinations of a program’s effectiveness, including “the company’s size, industry, geographic footprint, [and] regulatory landscape[.]”[49]
   2. Companies in the virtual currency industry should thus be mindful that their compliance programs must address issues specific to the industry, including the heightened risk for tax compliance issues.
2. Tracking and Using Data
   1. In connection with whether the compliance program is adequately resourced (fundamental question 2), the Guidance highlights the importance of tracking and using data. Specifically, the Guidance asks whether compliance personnel have access to relevant sources of data to “allow for timely and effective monitoring and/or testing of policies, controls, and transactions[.]”[50]
   2. By its very nature, the virtual currency industry is data-driven. Companies should thus be particularly mindful of the data they are collecting and whether they are using the data to root out tax compliance issues.
3. Evolution of a Compliance Program
   1. In connection with whether a compliance program is well designed (fundamental question 1) and whether the program works in practice (fundamental question 3), the Guidance emphasizes that a compliance program must change and evolve over time. The Guidance encourages companies to conduct periodic review of their compliance programs that lead to updates to the company’s policies, procedures, and controls.[51] Prosecutors will also consider whether a company adapts its program based on “lessons learned from its own misconduct and/or that of other companies facing similar risks[.]”[52]
   2. The virtual currency industry is rapidly changing. Companies should thus be constantly mindful of developing compliance issues. For example, if regulators commence an enforcement action that reveals that virtual currency technology was used to commit a crime, companies should assess their own compliance programs to ensure their programs are equipped to address that risk.

• Conclusion

Regulators are poised to commence a flurry of enforcement actions related to virtual currency tax fraud. Institutions and entities in the industry should prepare their compliance programs now to guard against fraudulent activity and unnecessary federal scrutiny and investigation.

[1] Virtual Currencies, Internal Revenue Service (last updated Sept. 23, 2020) (IRS Virtual Currencies Homepage), available at https://www.irs.gov/businesses/small-businesses-self-employed/virtual-currencies.

[2] Id.

[3] IRS, Notice 2014-21, available at https://www.irs.gov/pub/irs-drop/n-14-21.pdf.

[4] IRS Virtual Currencies Homepage, supra n.1.

[5] Id.

[6] Notice 2014-21, §§ 3, 4 at FAQ A-1.

[7] Media Release, U.S. Department of Justice, Court Authorizes Service of John Doe Summons Seeking the Identities of U.S. Taxpayers Who Have Used Virtual Currency (Nov. 30, 2016), available at https://www.justice.gov/opa/pr/court-authorizes-service-john-doe-summons-seeking-identities-us-taxpayers-who-have-used; In the Matter of the Tax Liabilities of John Does, 3:16-cv-06658-JSC (N.D.C.A.).

[8] IRS, Joint Chiefs of Global Tax Enforcement (last updated Sept. 20, 2020), available at https://www.irs.gov/compliance/joint-chiefs-of-global-tax-enforcement; Media Release, IRS, Tax enforcement authorities united to combat international tax crime and money laundering (July 2, 2018), available at https://www.irs.gov/pub/irs-utl/j5-media-release-7-2-18.pdf.

[9] Media Release, IRS, One Year In, J5 Making a Difference (June 5, 2019), available at https://www.irs.gov/pub/irs-utl/j5-media-release-6-5-2019.pdf.

[10] Media Release, IRS, J5 Countries Host Crypto ‘Challenge’ in Search of Tax Criminals (Nov. 8, 2019), available at https://www.irs.gov/pub/irs-utl/j5-media-release-11-08-19.pdf.

[11] Id.

[12] Laura Davison, IRS Says ‘Dozens’ of New Crypto, Cybercriminals Are Identified, Bloomberg (Nov. 8, 2019), available at https://www.bloomberg.com/news/articles/2019-11-08/irs-says-dozens-of-new-crypto-cybercriminals-are-identified.

[13] News Release, IRS, IRS has begun sending letters to virtual currency owners advising them to pay back taxes, file amended returns; part of agency’s larger efforts (July 26, 2019), available at https://www.irs.gov/newsroom/irs-has-begun-sending-letters-to-virtual-currency-owners-advising-them-to-pay-back-taxes-file-amended-returns-part-of-agencys-larger-efforts.

[14] Letter 6173, available at https://www.irs.gov/pub/notices/letter_6173.pdf.

[15] Letter 6174, available at https://www.irs.gov/pub/notices/letter_6174.pdf.

[16] Letter 6174-A, available at https://www.irs.gov/pub/notices/letter_6174-a.pdf.

[17] Lynnley Browning, IRS Sends Second Round Tax Warnings to Cryptocurrency Investors, Bloomberg (Aug. 15, 2019), available at https://www.bloomberg.com/news/articles/2019-08-15/irs-sends-second-round-tax-warnings-to-cryptocurrency-investors?srnd=cryptocurrencies.

[18] Jonathan Curry, Rettig on Virtual Currency Letters: Take a Hint, Tax Analysts (Aug. 1, 2019), available at https://www.taxnotes.com/tax-notes-federal/tax-system-administration/rettig-virtual-currency-letters-take-hint/2019/08/05/29svs.

[19] Helen Partz, IRS Allegedly Hopes to Make Tech Giants Release User Crypto Activity, Cointelegraph (July 9, 2019), available at https://cointelegraph.com/news/irs-allegedly-hopes-to-make-tech-giants-release-user-crypto-activity.

[20] News Release, IRS, Virtual currency: IRS issues additional guidance on tax treatment and reminds taxpayers of reporting obligations (Oct. 9, 2019), available at https://www.irs.gov/newsroom/virtual-currency-irs-issues-additional-guidance-on-tax-treatment-and-reminds-taxpayers-of-reporting-obligations.

[21] Id.

[22] Rev. Rul. 2019-24, available at https://www.irs.gov/pub/irs-drop/rr-19-24.pdf.

[23] Frequently Asked Questions on Virtual Currency Transactions, IRS (last updated Sept. 22, 2020), available at https://www.irs.gov/individuals/international-taxpayers/frequently-asked-questions-on-virtual-currency-transactions.

[24] IRS Form 14457, available at https://www.irs.gov/pub/irs-pdf/f14457.pdf.

[25] Darla Mercado, The IRS has a new tax form out and wants to know about your cryptocurrency, CNBC (Dec. 6, 2019), available at https://www.cnbc.com/2019/12/06/the-irs-has-a-new-tax-form-and-wants-to-know-about-your-cryptocurrency.html.

[26] Id.

[27] Media Release, Joint Chiefs of Global Tax Enforcement, Arrests made in two investigations into money laundering using cryptocurrencies (Feb. 18, 2020), available at https://www.irs.gov/pub/irs-utl/j5-media-release-2-18-2020.pdf.

[28] U.S. Government Accountability Office, VIRTUAL CURRENCIES: Additional Information Reporting and Clarified Guidance Could Improve Tax Compliance, GAO-20-188 (Feb. 12, 2020), available at https://www.gao.gov/products/gao-20-188.

[29] Bloomberg Tax, IRS, Cryptocurrency Groups to Meet Amid Agency Enforcement Push (Feb. 18, 2020), available at https://news.bloombergtax.com/daily-tax-report/irs-cryptocurrency-groups-to-meet-amid-agency-enforcement-push.

[30] IRS Soliciting Contractors To Help Audit Crypto Tax Returns, CryptoTrader.Tax, available at https://cryptotrader.tax/blog/irs-hires-tax-professionals-to-audit-crypto-tax-returns.

[31] Id.

[32] Id.

[33] Michael McSweeney, U.S. Internal Revenue Service inks deal with Coinbase for blockchain analytics software, The Block (July 16, 2020), available at https://www.theblockcrypto.com/linked/71890/irs-coinbase-blockchain-analytics.

[34] Jason Brett, Under Covid-19 Emergency Powers, IRS Awards Elliptic Contract To Trace Crypto Transactions, Forbes (July 17, 2020), available at https://www.forbes.com/sites/jasonbrett/2020/07/17/under-covid-19-emergency-powers-irs-awards-elliptic-contract-to-trace-crypto-transactions/#73d629bf7728.

[35] Amy Lee Rosen, 3rd-Party Crypto Reporting Regs In Pipeline, Gov’t Attys Say, Law360 (July 16, 2020), available at https://www.law360.com/fintech/articles/1289820/3rd-party-crypto-reporting-regs-in-pipeline-gov-t-attys-say?nl_pk=d839899d-0537-414a-b7cc-d6d00bb8e8ff&utm_source=newsletter&utm_medium=email&utm_campaign=fintech.

[36] Kristen A. Parillo, Cryptocurrency Info Reporting Regs Still a Work in Progress, Tax Analysts (July 20, 2020), available at https://www.taxnotes.com/tax-notes-today-federal/cryptocurrency/cryptocurrency-info-reporting-regs-still-work-progress/2020/07/17/2cqqv.

[37] Shehan Chandrasekera, Crypto Users Are Receiving IRS Tax Warning Letters, Again, Forbes (Aug. 25, 2020), available at https://www.forbes.com/sites/shehanchandrasekera/2020/08/25/crypto-tax-warning-letters-2020/#142adf1517f7.

[38] Kelly Phillips Erb, IRS Releases Draft Form 1040: Here’s What’s New For 2020, Forbes (Aug. 20, 2020), available at https://www.forbes.com/sites/kellyphillipserb/2020/08/20/irs-releases-draft-form-1040-heres-whats-new-for-2020/#478cc8203356.

[39] Memorandum, IRS, Office of Chief Counsel (released Aug. 28, 2020), available at https://www.irs.gov/pub/irs-wd/202035011.pdf.

[40] Joshua Mapperson, The IRS offers a $625,000 bounty to anyone who can break Monero and Lightning, Cointelegraph (Sept. 11, 2020), available at https://cointelegraph.com/news/the-irs-offers-a-625-000-bounty-to-anyone-who-can-break-monero-and-lightning.

[41] Press Release, DOJ, John McAfee Indicted for Tax Evasion (Oct. 5, 2020), available at https://www.justice.gov/opa/pr/john-mcafee-indicted-tax-evasion.

[42] Press Release, DOJ, United States and Switzerland Issue Joint Statement Regarding Tax Evasion Investigations (Aug. 29, 2013), available at https://www.justice.gov/opa/pr/united-states-and-switzerland-issue-joint-statement-regarding-tax-evasion-investigations.

[43] Id.

[44] Press Release, DOJ, Justice Department Reaches Final Resolutions Under Swiss Bank Program (Dec. 29, 2016), available at https://www.justice.gov/opa/pr/justice-department-reaches-final-resolutions-under-swiss-bank-program.

[45] David Voreacos, IRS Cops Scouring Crypto Accounts to Build Tax Evasion Cases, Bloomberg (Feb. 8, 2018), available at https://www.bloombergquint.com/onweb/irs-cops-scouring-crypto-accounts-to-build-tax-evasion-cases.

[46] Thomas Franck, Mnuchin says Treasury will ensure bitcoin doesn’t become ‘Swiss-numbered bank accounts,’ CNBC (July 18, 2019), available at https://www.cnbc.com/2019/07/18/mnuchin-says-us-will-ensure-bitcoin-doesnt-become-like-anonymous.html.

[47] Evaluation of Corporate Compliance Programs, DOJ, Criminal Div. (June 2020) (the “Guidance”), available at https://www.justice.gov/criminal-fraud/page/file/937501/download. In June, BakerHostetler published an alert detailing highlights from the Guidance. John J. Carney, Steven M. Dettelbach, Carl W. Hittinger and George A. Stamboulidis, DOJ Makes Important Changes to Its Guidance on Evaluating Compliance Programs, available at https://www.bakerlaw.com/alerts/doj-makes-important-changes-to-its-guidance-on-evaluating-compliance-programs.

[48] Guidance at 2.

[49] Guidance at 1.

[50] Guidance at 12.

[51] Guidance at 3.

[52] Guidance at 16.