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IRS Rules Staking Rewards Are Taxable When Received

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IRS Rules Staking Rewards Are Taxable When Received

Rewards earned from staking cryptocurrency are to be included in a taxpayer’s gross income when received. For those who follow the taxation of digital assets the position taken in IRS Revenue Ruling 2023-14 comes as no surprise. The ruling formalizes the position the IRS has taken at least since the Jarrett case. The Jarretts’ argument in their case was that the rewards they earned for staking their cryptocurrency should not be taxed when they were received, but rather when those rewards were sold.

The result of the case was that the IRS issued the Jarretts their refund and the case was dismissed. While many in the crypto community took the IRS’ issuance of the refund and the subsequent dismissal of the Jarretts’ case as a win for cryptocurrency stakers, those familiar with foundational tax principles remained skeptical.

IRS Notice 2014-21 clearly states that cryptocurrency trades are to be treated as property and reported in a manner similar to other capital gains transactions on Schedule D—but staking isn’t the same as trading. When a taxpayer stakes their cryptocurrency they are, in a manner of speaking, loaning it to the blockchain to validate transactions that result in new cryptocurrency in the “proof-of-stake” model.

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The Jarretts’ argument that the tokens they received were newly created property that should be taxed only upon sale has, to tax traditionalists, always been spurious. The Jarretts used the analogy of baking a loaf of bread to argue their case. When a baker uses their ingredients to create a loaf of bread, the bread is only taxed when it is sold—not when it is created. According to the Jarretts, their staked cryptocurrency was an ingredient that resulted in newly created cryptocurrency and that newly created cryptocurrency should be taxed only at its sale. While the use of the Jarretts’ staked cryptocurrency did result in newly created property, unlike a baker making a loaf of bread, they did not create the property—it was created by the blockchain. “They were being compensated for their services of maintaining the blockchain by agreeing that their property could be used as collateral” according to cryptocurrency taxation expert Matt Metras, an enrolled agent who practices in Rochester, New York. Metras goes on to note, “Because they were being compensated for the use of their property—it was rental income at best.”

The Ruling notes that according to Section 61 of the Internal Revenue Code, gross income includes all income from whatever source derived unless a specific exception exists. No such exception exists for staking cryptocurrency. Further, the Ruling notes that staking income represents an accession to wealth, clearly realized, over which the taxpayer has complete dominion and control as defined in the precedential Glenshaw Glass case.

According to the Ruling and the foundational tax principles in which it is grounded, staking rewards must be included in a taxpayer’s gross income when they are received and when the taxpayer has complete dominion and control over the rewards. In other words, staking rewards must be included in income not when a taxpayer sells them, but when the taxpayer is able to sell them. The Ruling also notes that the amount of gross income to be included on the taxpayer’s annual Form 1040 would be equal to the fair market value of the cryptocurrency rewarded at the date and time the taxpayer gains dominion and control over the rewarded cryptocurrency.

Matt Foreman, a New York City tax attorney who also specializes in cryptocurrency taxation and audits stated “I think RR 2023-14 does little more than confirm the IRS’s position and provide support for when they seek penalties going forward. What little more it does is note some related issues that are clearly part of their plan to provide more guidance, which I hope will be released in earnest in the coming weeks and months.”

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Streamlined Cryptocurrency-Focused Apps

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Streamlined Cryptocurrency-Focused Apps
Blaqclouds, Inc. has introduced ShopwithCrypto.io, a Progressive Web App designed to enhance cryptocurrency usability in daily transactions. This app offers a streamlined, multi-device experience that supports over 250 cryptocurrencies across major blockchain networks like ETH, BNB, and MATIC.

Key features of ShopwithCrypto.io include offline functionality, QR code integration, and the ability to purchase gift cards from global merchants, all while ensuring security and transparency through the ZEUS Blockchain. The Progressive Web App’s lightweight design and compatibility with both Android and iOS platforms make it accessible without the need for app store downloads. By combining ease of use with robust security measures, it aims to bridge the gap between digital assets and real-world spending. Its integration with popular wallets like MetaMask allows users to manage their transactions seamlessly while maintaining control of private keys.

Image Credit: Blaqclouds, Inc.

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Delta police targeting cryptocurrency scams

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Delta police targeting cryptocurrency scams

DPD and blockchain analytics company Chainalysis co-hosted other law enforcement agencies and cryptocurrency exchanges for ‘Operation DeCloak’

A cryptocurrency fraud workshop co-hosted by the Delta Police Department last fall identified over 1,100 victims worldwide, including a ‘significant number’ in Canada.

On Sept. 16 and 17, 2024, the DPD and blockchain analytics company Chainalysis hosted “Operation DeCloak,” bringing together representatives from law enforcement agencies including the RCMP, Victoria Police Department, Vancouver Police Department, the BC Securities Commission, the BC Prosecution Service and the BC Financial Services Authority, as well as key stakeholders from cryptocurrency exchanges such as Shakepay and others.

The initiative was a localized “sprint” of Chainalysis’ “Operation Spincaster,” a series of public-private collaborations designed to disrupt and prevent cryptocurrency scams. Spincaster itself spun out from “Operation Disruption,” a collaboration between Chainalysis and the Calgary Police Service in March 2024.

“Leveraging the transparency of the blockchain, Chainalysis proactively identified thousands of compromised wallets. This actionable intelligence formed the basis of a series of operational sprints across six countries (U.S., U.K., Canada, Spain, Netherlands and Australia) with over 100 attendees, including 12 public sector agencies and 17 crypto exchanges,” the company said in a press release.

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“Over 7,000 leads were disseminated during these sprints, relating to approximately US$162 million of losses. These leads were used to close accounts, seize funds and build intelligence to prevent future scams.”

During last fall’s Operation DeCloak, Chainalysis led training sessions in investigating leads, tracing stolen funds and identifying compromised wallets using the company’s proprietary “Crypto Investigations Solution.”

According to a DPD press release, 240 crypto addresses were closely examined, revealing an estimated collective loss of C$35 million.

SEE ALSO: Court rejects environmental challenge to massive Delta port expansion

The event also promoted proactive policing and disruption strategies aimed at combating fraud, with particular emphasis on a growing tactic known as “approval phishing” used by romance and investment scammers targeting cryptocurrency transactions. 

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The method involves scammers gaining their victim’s trust by promoting false investment opportunities with the promise of high returns, thereby convincing victims to unknowingly approve malicious blockchain transactions.

The initial transaction gives the scammer access to tokens in the victim’s digital wallet without the victim’s knowledge, resulting in unauthorized withdrawals.

Police say scammers typically connect with their victims through social media, or via apps or pop-up ads.

During Operation DeCloak, police say immediate steps were taken to notify identified victims of these scams.

“With the co-operation of the exchange companies, affected individuals were promptly contacted with the goal of preventing further harm,” the DPD said in its press release.

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Since the workshop, the department has successfully deployed the techniques learned through Operation DeCloak. 

“The technique was applied to a previous investigation which identified stolen cryptocurrency funds in a blacklisted address containing US$1.2 million. This address was in the process of being seized by an overseas police agency,” the department said.

Using the DeCloak techniques, the DPD’s Cybercrime Unit has identified an additional 70 transactions worth US$800,000 sent from Canadian exchanges. Investigators are identifying those victims and seizing the funds from the blacklisted address so they can be returned.

“This collaboration with Chainalysis and cryptocurrency exchanges is a testament to the DPD’s focus on innovation and commitment to community safety and well-being.”

SEE ALSO: Conservative candidate files court petition over Surrey ‘voting irregularities’

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SEE ALSO: Good Samaritan saves 3 people in fiery single-car crash in Surrey

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Coinbase Investigates ‘Delayed Sends’ for XRP on Its Platform | PYMNTS.com

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Coinbase Investigates ‘Delayed Sends’ for XRP on Its Platform | PYMNTS.com

Cryptocurrency exchange Coinbase said Tuesday (Jan. 14) that it is investigating a problem with delayed sends of Ripple (XRP) on its platform.

“We are aware that some users may be experiencing delayed sends for Ripple (XRP),” Coinbase said in an incident report on its status page. “Buys, Sells and Fiat withdrawals/deposits are not affected. We are investigating this issue and will provide an update shortly.”

In an earlier, separate report on its status page, Coinbase said some users experienced delayed sends and receives for Stellar (XLM) on Friday (Jan. 10). That incident was resolved within 90 minutes.

On Thursday (Jan. 9), some users experienced latency or degraded performance with buys, sells, sends, Coinbase Onramp and Advanced Trade. That issue was resolved within two hours, according to the page.

In other, separate news about the company, it was reported Thursday (Jan. 9) that Coinbase told customers that it may have to share data demanded by the Commodity Futures Trading Commission (CFTC).

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The regulator sent a subpoena to the firm that seeks information about Coinbase customers’ interactions with prediction market firm Polymarket, and Coinbase emailed some customers saying it may have to share that data with the CFTC.

“When we receive requests for information from a government, each request is carefully reviewed by a team of trained experts using established procedures to determine its legal sufficiency,” a Coinbase spokesperson told CoinDesk.

On Dec. 9, cryptocurrency payments solution firm Triple-A announced an integration with Coinbase that it said it designed to let Coinbase users make payments to select merchants in the Triple-A network.

“Triple-A’s integration with Coinbase Commerce will empower merchants to offer a Coinbase-specific payment option, enhancing the convenience for Coinbase users and allowing Coinbase to connect with a wider network of merchants, to drive the broader adoption of cryptocurrency payments,” the company said in a press release.

Coinbase upgraded its Coinbase One subscription program and launched a new tier called Coinbase One Premium on Dec. 4, saying that with these new offerings, “Coinbase One now truly benefits all types of traders.”

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Coinbase One membership has reached 600,000 across 42 countries, the company added.

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