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How does trading bitcoin work with US taxes?

Circular 230 disclaimer: Nothing contained in this post is intended or written to be used, can be used by any taxpayer, or may be relied upon or used by any taxpayer for the purposes of avoiding penalties that may be imposed on the taxpayer under the Internal Revenue Code of 1986. A taxpayer should seek advice from his or her own personal tax advisor with respect to any federal tax transaction or information contained in this post.I've answered a similar question recently; see If you made a couple million bucks speculating on Bitcoin, how would you declare it to the IRS? The IRS has not issued guidance on Bitcoin yet, but the Financial Crimes Enforcement Network (FinCEN) has issued guidance (FIN-2013-G001) that implies that Bitcoin should be treated as currency - and very likely foreign currency at that.As I said in the prior answer, in the absence of IRS guidance I'd recommend treating this as a capital transaction, reporting gain or loss on Form 8949 and Schedule D. And if you haven't already been doing so, I'd also recommend that you keep detailed records of every Bitcoin transaction that you undertake so that you are covered in the event that (or rather, when) the IRS decides to take a closer look at the Bitcoin market.

If you made a couple million bucks speculating on Bitcoin, how would you declare it to the IRS?

Circular 230 disclaimer: Nothing contained in this post is intended or written to be used, can be used by any taxpayer, or may be relied upon or used by any taxpayer for the purposes of avoiding penalties that may be imposed on the taxpayer under the Internal Revenue Code of 1986. A taxpayer should seek advice from his or her own personal tax advisor with respect to any federal tax transaction or information contained in this post.Robert Wood does a pretty good job of explaining the likely outcomes: IRS Takes A Bite Out Of Bitcoin and Sorry Bitcoin, IRS Gets Reports. There's little question that Bitcoin is on the IRS's radar.The Financial Crimes Enforcement Network (FinCEN) has issued guidance (FIN-2013-G001) which implies that Bitcoin should be treated as currency, rather than as a commodity. Traders in Bitcoin will be expected to register as money services businesses (MSBs) and some may be treated as money transmitters. My guess (and it's only a guess until IRS does something else) is that IRS will go along with FinCEN and treat Bitcoin as currency - and if IRS does that it is very likely that Bitcoin will be treated as foreign currency. Obviously if the IRS chooses to treat Bitcoin as a commodity the rules will be different (and far easier). To date I have seen little evidence that the IRS intends to treat Bitcoin as a collectible like gold or silver - since Bitcoin is available for use as a currency where collectibles are not.The tax treatment of Bitcoin that you receive in exchange for goods and services is straightforward - the value is based on the FMV of the goods or services you provided, and is taxed to you as ordinary income.If Bitcoin is treated as a commodity, the tax treatment of acquisition and disposition of Bitcoin for cash is also straightforward - your gain on the disposition of Bitcoin is treated as taxable capital gain, either short-term or long-term depending on your holding period, just like any other investment.If Bitcoin is treated as currency, on the other hand, it's likely to be handled in the same manner as a foreign (non-US) currency. Then the rules become a little more complicated. If you are an individual who is not in the business of dealing in the exchange of foreign currency, individual Bitcoin transactions would be treated in the same way as a commodity exchange (capital transactions, as described above) - and, if you have more than $10,000 of Bitcoin at any point during the year, you will have to file a disclosure form (TD F 90-22.1) by June 30 of the following calendar year. If you are an individual who is in the business of dealing in the exchange of foreign currency, then you're subject to the foreign currency exchange rules, which are very complex.Anyway, to answer the question: If nothing changes between now and April 15 of next year, I'd recommend reporting this as a straight capital transaction on Form 8949 and Schedule D. I'd also recommend that you keep excellent records of both how you acquired the Bitcoin and how you disposed of it. And I would pay attention to the IRS Web site and look for guidance - because it's coming.EDIT: One more Forbes article: Bitcoin's In Danger From The Bureaucracy.

What happens if I did not receive a Form 3921 and therefore did not realize I had to file my taxes for ISO's I previously exercised?

First do you have your Form 3921 for 2013 or do you know the correct amounts? If not, you will need to contact your employer for the correct amount.Do you know how much your gain or loss resulted from your Stock? You should file a Form 1040X and file your capital gains on Schedule D, Capital Gains and Losses. On page 2 of Schedule D, you will calculate your capital gains tax. where indicated to access the calculation worksheet. Your tax on Form 1040, line 44, includes the total of your ordinary income tax and capital gains tax.When filing an amended or corrected return:Include copies of any forms and/or schedules that you're changing or didn't include with your original return. Generally, for a credit or refund, you must file Form 1040X within 3 years after the date you timely filed your original return or within 2 years after the date you paid the tax, whichever is later.Allow the IRS up to 16 weeks to process the amended return.It is possible that if the income was substantial you may have or will receive a CP 2000 for unreported income. If you have received this, then your corrections may have already been made.FYI: the Statute of Limitations for TY 2013 is ending 04/15/2017 which means you may owe tax but any refunds of credit. If your return wasn't filed by the due date (including extensions of time to file):You may be subject to the failure to file penalty, unless you have reasonable cause for your failure to file timely.Tax not paid in full by the original due date of the return (regardless of extensions of time to file) may also result in the failure to pay penalty, unless you have reasonable cause for your failure to pay timely, or the IRS has approved your application Form 1127 (PDF), Application for Extension of Time for Payment of Tax Due to Undue Hardship).Interest is charged on taxes not paid by the due date, even if you have an extension of time to file, and is also charged on penalties.There's no penalty for failure to file if you're due a refund. However, you risk losing a refund altogether if you file a return or otherwise claim a refund after the statute of limitations has expired. An original return claiming a refund must be filed within 3 years of its due date for a refund to be allowed in most instances. After the expiration of the three-year period, the refund statute prevents the issuance of a refund check and the application of any credits, including over-payments of estimated or withholding taxes, to other tax years that are underpaid. However, the statute of limitations for the IRS to assess and collect any outstanding balances doesn't start until a return has been filed. In other words, there's no statute of limitations for assessing and collecting the tax if no return has been filed.Hope this information is helpful.

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