Latest / The Paul Barron Crypto Show / Crypto Tax Grab!?💰Congress Wants A Bigger Cut | CoinLedger CEO INTERVIEW
Transcript
- 0:00Speaker 1: All right, guys, we're going to jump into taxes today.
- 0:02Speaker 2: First of all, do not stop watching because there are
- 0:04Speaker 2: some big things happening that you don't want to miss.
- 0:08Speaker 2: We're going to jump right into it with two guests.
- 0:10Speaker 2: They're going to break this down for you because there's
- 0:12Speaker 2: some bad things that are happening or could be happening
- 0:16Speaker 2: around crypto taxes. But before we do that, I want
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- 0:44Speaker 2: you a $ 100 funding reward to get started. And you're
- 0:47Speaker 2: going to have to start tax planning soon. And IRAs
- 0:49Speaker 2: are one of the diversification things that you should be
- 0:51Speaker 2: doing to set yourself up for success. And joining me
- 0:55Speaker 2: today is Shane Kennedy, and also David Kremer coming in
- 0:58Speaker 2: from CoinLedger. All right, so I want to jump over
- 1:00Speaker 2: to kind of give you guys a look at this.
- 1:03Speaker 2: And the first thing I want to show is this
- 1:05Speaker 2: was June of this year. It was basically Congress's plan
- 1:08Speaker 2: to get into designing this tax bill. And most of
- 1:12Speaker 2: it was centered around the wash rule, even though there
- 1:14Speaker 2: are many other things. And I want to get into
- 1:17Speaker 2: that because this is talking about 25.8 billion in tax
- 1:21Speaker 2: revenue over a decade. This would make it the single
- 1:25Speaker 2: largest item in digital asset tax reform ever. So first
- 1:30Speaker 2: of all, tell me what is bad. What's the worst
- 1:33Speaker 2: thing that's in this bill right now that as a
- 1:35Speaker 2: crypto investor, I have to worry about?
- 1:38Speaker 1: Is it the wash sale rule or are there other things?
- 1:41Speaker 3: Yeah, and this has been a tale as old as
- 1:44Speaker 3: time in the crypto industry. They've been trying to pass
- 1:46Speaker 3: legislation to close the wash sale loophole for a very,
- 1:50Speaker 3: very long time. This is no different, but it would
- 1:53Speaker 3: be negative for crypto investors if it were to become law.
- 1:57Speaker 3: The big keyword there is if. And of course, that just...
- 2:01Speaker 3: brings crypto in line with how securities and stocks are treated, right?
- 2:05Speaker 3: If you harvest a loss in a crypto that you
- 2:09Speaker 3: have a loss position in and then re-enter the position
- 2:13Speaker 3: within a set time frame, you can't actually realize that
- 2:17Speaker 3: loss on your taxes. And so it just makes it
- 2:19Speaker 3: harder for crypto investors to strategically reduce their taxable income
- 2:24Speaker 3: every year. And so that is probably the strongest negative
- 2:27Speaker 3: component of this proposed legislation. There's other good things, but
- 2:32Speaker 3: that's definitely the biggest one.
- 2:33Speaker 1: All right. So Shane, let's break down the bill itself.
- 2:38Speaker 4: One thing that I guess is a little bit of
- 2:40Speaker 4: a piece of good news here I wanted to clarify
- 2:42Speaker 4: is the safe harbor rule regarding stable coins. So generally speaking,
- 2:45Speaker 4: if stable coins are trading within 3% of the US dollar,
- 2:48Speaker 4: there's not going to be gain or loss recognitions. And
- 2:51Speaker 4: to that point, you might be wondering, well, OK, what's
- 2:54Speaker 4: the safe harbor component going to be? When's the IRS
- 2:56Speaker 4: going to actually guarantee some stability with that? And so
- 3:01Speaker 4: the secretary is going to make a list of covered
- 3:04Speaker 4: stable coins available publicly on the IRS website. It's my
- 3:08Speaker 4: understanding that that's going to be similar to their annual
- 3:11Speaker 4: approved published foreign exchange rates for people that have foreign
- 3:14Speaker 4: transactions they report on the return. So that's one thing
- 3:18Speaker 4: in line with trying to raise more revenue. They are
- 3:20Speaker 4: trying to make the mark-to-market election, if you've ever heard
- 3:24Speaker 4: of 475F. Basically, it allows you to pay taxes on
- 3:29Speaker 4: unrealized gains as you are accruing them instead of just
- 3:33Speaker 4: at the time that it's sold. And there's a bunch
- 3:36Speaker 4: more to this, too, but to just highlight some other
- 3:39Speaker 4: big things here, there's some key definitions that I think
- 3:44Speaker 4: are going to alleviate a lot of the ambiguity, but
- 3:46Speaker 4: also in alleviating that ambiguity is, It's going to give
- 3:49Speaker 4: some investors some pause here in terms of, okay, what exactly,
- 3:53Speaker 4: how are my crypto transactions going on here? So it's
- 3:57Speaker 4: clarifying things like digital asset validation activities. It's clarifying, yes,
- 4:02Speaker 4: like we said, the wash sale loss rules, created digital
- 4:05Speaker 4: assets are being treated substantially similar to security and tokenized
- 4:12Speaker 4: digital assets too are basically being treated the same way.
- 4:15Speaker 4: There's other things too. Um, For example, constructive sales rules
- 4:20Speaker 4: are now applying to digital assets. They're considered financial property.
- 4:24Speaker 4: I guess a piece of good news is for charitable
- 4:26Speaker 4: contributions for people that do want to donate crypto, they're
- 4:30Speaker 4: exempt from the same valuation requirements in the same way
- 4:34Speaker 4: that publicly traded securities are due to how publicly available
- 4:37Speaker 4: the going rates, the different exchange rates are available for crypto.
- 4:43Speaker 4: Another thing that I wanted to talk about briefly is
- 4:46Speaker 4: the treatment of the minimus digital asset network fees. So
- 4:50Speaker 4: this one is a little tricky because it claims that
- 4:52Speaker 4: no gain or loss is recognized, essentially, if fees are
- 4:56Speaker 4: $ 10 or less. And this gets into digital asset transaction
- 4:59Speaker 4: costs as well as network fees. I think a lot
- 5:02Speaker 4: of this too, the very last section of it, you
- 5:05Speaker 4: can go ahead and deep dive onto this for those
- 5:07Speaker 4: of you who are interested, is taking a look at
- 5:09Speaker 4: the definition section. There's about 15 or so different things
- 5:12Speaker 4: that are being defined by this. And I think that
- 5:14Speaker 4: might be one of the more consequential aspects of this
- 5:17Speaker 4: law is the fact that it's eliminating a lot of
- 5:19Speaker 4: ambiguity around things like mind and staking, all these different
- 5:22Speaker 4: digital asset validation activities. And so with that That alone
- 5:25Speaker 4: might actually be the thing aside from the wash sale
- 5:29Speaker 4: loss rules now being extended to crypto digital assets. That
- 5:33Speaker 4: alone might be probably the biggest thing to keep track
- 5:36Speaker 4: of going forward if this legislation does happen to pass.
- 5:40Speaker 1: All right.
- 5:41Speaker 2: So let me ask you one thing, because this is
- 5:43Speaker 2: probably a question I think that they are going to
- 5:45Speaker 2: have to answer. How are they able to go in
- 5:49Speaker 2: and apply essentially what is a security framework to a commodity?
- 5:55Speaker 1: Framework.
- 5:56Speaker 2: How does that translate if essentially what crypto is mostly
- 6:00Speaker 2: set in as a commodity right now, because we don't
- 6:03Speaker 2: have any regulatory framework around that as a security, how
- 6:07Speaker 2: does that apply?
- 6:08Speaker 4: Yeah, with that, I mean, like currently you're going to
- 6:10Speaker 4: have to look at, it highlights books and records a
- 6:13Speaker 4: bunch too. So the extent that you have kind of
- 6:15Speaker 4: a crypto tracking software, crypto reconciliation platform, One of the
- 6:19Speaker 4: big things is making sure that if this thing does
- 6:22Speaker 4: go live, that instead of having the commodity rules apply
- 6:25Speaker 4: from a tax perspective, whatever your tax rules engine is,
- 6:29Speaker 4: that being the tax laws that the system applies once
- 6:32Speaker 4: it has the financial data, you're going to want to
- 6:34Speaker 4: make sure that it would be updated to reflect the
- 6:37Speaker 4: securities rules, similar to what you see with stocks and
- 6:40Speaker 4: other transactions. So that's going to be, I think a
- 6:43Speaker 4: lot of it's going to come down to your system
- 6:44Speaker 4: for books and records and making sure that the rules
- 6:47Speaker 4: engine applies. isn't just applying that stuff to the stocks
- 6:50Speaker 4: and securities, but extending those rules to crypto.
- 6:53Speaker 3: Okay. All right.
- 6:54Speaker 2: Hey, David, are these separate bills or just a package
- 6:59Speaker 2: of bills or components that are going to make one bill?
- 7:02Speaker 3: Yeah, it's, to my understanding, a package of components. And
- 7:06Speaker 3: certainly back to what's bad for crypto investors in this,
- 7:10Speaker 3: I think one other big one is Kind of the
- 7:13Speaker 3: lack of clarity on staking income and when that is
- 7:17Speaker 3: defined as income. As people who watch the show might know,
- 7:20Speaker 3: there's been efforts to make staking crypto more akin to
- 7:24Speaker 3: capital gains, where as you're receiving staking rewards, you're not
- 7:28Speaker 3: accruing income at the time that it hits your wallet,
- 7:31Speaker 3: but rather, only once you dispose of it, you incur
- 7:35Speaker 3: capital gains on the ascension of wealth there. This bill
- 7:40Speaker 3: does not define that. You're still going to incur staking
- 7:44Speaker 3: income as rewards hit your wallet, which is not great
- 7:48Speaker 3: for crypto investors as you could be incurring a tax
- 7:51Speaker 3: bill without any sort of cash to pay that bill.
- 7:54Speaker 1: Right, exactly.
- 7:55Speaker 2: And which kind of forces you to sell the assets, obviously,
- 7:58Speaker 2: to be able to, in some cases, handle that. The
- 8:01Speaker 2: stablecoin safe harbor, is this a real win for payments?
- 8:04Speaker 2: Because it does treat regulated peg stablecoins like cash. And
- 8:09Speaker 2: it's in reference to only Genius Act compliant tokens. So
- 8:12Speaker 2: is this a win, I guess, for stablecoins?
- 8:16Speaker 3: Yeah, I think this is a win, especially just because
- 8:20Speaker 3: right now software like CoinLedger has to help investors report
- 8:24Speaker 3: thousands of stablecoin disposals. Whether those assets fluctuated in value
- 8:29Speaker 3: or not, most of the times they don't, still needs
- 8:31Speaker 3: to get reported on Form 8949. And so that's just
- 8:34Speaker 3: a huge, huge volume annoyance for your everyday crypto investors
- 8:39Speaker 3: who is actually using stablecoins as a payment mechanism. Yeah. Yeah.
- 8:45Speaker 2: I was looking at this right here. This was Coin
- 8:47Speaker 2: Center talking about the wash sale rule. I want to
- 8:50Speaker 2: revisit this in a second. And if you think about it,
- 8:54Speaker 2: doesn't it become unworkable unless you're able to track wallet
- 8:58Speaker 2: for wallet? Because if you're buying in this wallet and
- 9:00Speaker 2: selling in that wallet or buying in wallet A and
- 9:04Speaker 2: selling in wallet A, I mean, it just seems like
- 9:07Speaker 2: this would be completely different than like when I'm in
- 9:09Speaker 2: a brokerage account where I'm buying and selling in a
- 9:11Speaker 2: very defined area. Is that something that you think regulators
- 9:16Speaker 2: are taking into consideration?
- 9:19Speaker 3: Well, whether regulators are taking it into consideration or not,
- 9:22Speaker 3: it doesn't really matter. But you're right in that it
- 9:26Speaker 3: creates more complexity for the average investor. it's a reason
- 9:31Speaker 3: why you need accurate records of where all of your buys, sells,
- 9:36Speaker 3: transfers are happening so that you can effectively track not
- 9:40Speaker 3: only your cost basis as your assets move from one
- 9:42Speaker 3: wallet to another, but the holding period of those assets.
- 9:46Speaker 3: And so, of course, that's the exact type of system
- 9:50Speaker 3: that a platform like CoinLedger was built kind of from
- 9:52Speaker 3: the ground up to solve, is to make that tracking
- 9:55Speaker 3: extremely seamless for investors. You can do it with an
- 9:59Speaker 3: Excel's as well, but you're right that it does make
- 10:02Speaker 3: it a harder problem when you have to account for
- 10:05Speaker 3: wash sales and your holding period of assets.
- 10:08Speaker 1: I have one for you guys.
- 10:09Speaker 2: I don't know if you've heard this one before, but
- 10:12Speaker 2: we've seen AI and agentic payment architecture being built around
- 10:17Speaker 2: us right now. Agents going out there, finding the best yields,
- 10:21Speaker 2: doing activities in wallets. If we turn one loose on
- 10:24Speaker 2: a wallet, it goes out and creates another 10 wallets
- 10:27Speaker 2: to be able to transact on different chains, et cetera.
- 10:30Speaker 2: We don't even know those are being done in reality.
- 10:34Speaker 2: The key is, is what is it bringing back to
- 10:36Speaker 2: this wallet? So is that something that you're concerned about
- 10:40Speaker 2: of how that would be tracked because of the potential
- 10:43Speaker 2: for agent activity and possibly within the next 12 months?
- 10:48Speaker 1: You want to take that one, Shane?
- 10:49Speaker 3: Yeah, I think we'll very much see this. exponentially increase
- 10:53Speaker 3: in especially commonality of how people are buy, sell, trade,
- 10:57Speaker 3: transferring crypto. And it does create more transactional tracking complexity.
- 11:03Speaker 3: For software, though, it doesn't really make it harder for us.
- 11:07Speaker 3: We're just doing more with the software, but it's still
- 11:10Speaker 3: us tracking public wallet addresses, tracking the underlying transactions on blockchains,
- 11:15Speaker 3: which we've been doing for a decade now at CoinLedger.
- 11:18Speaker 2: Listen, David, this sounds like it's really good for CoinLedger
- 11:21Speaker 2: here because you guys are going to win on being
- 11:24Speaker 2: able to track all this stuff down.
- 11:26Speaker 1: I don't like that. I mean, I would rather us
- 11:30Speaker 1: be able to have.
- 11:31Speaker 2: A nice solution that maybe somebody could go out and
- 11:35Speaker 2: kind of do their own tax. You're telling me right now,
- 11:38Speaker 2: if you don't have something like what you guys are offering,
- 11:40Speaker 2: you're basically screwed when it comes to that. If this
- 11:44Speaker 2: goes through right here, if this goes through, so.
- 11:47Speaker 3: Yeah, I don't do I don't love it either. It's
- 11:50Speaker 3: a reality. Unfortunately, I used to make the joke, you know,
- 11:53Speaker 3: it's like the IRS is our VP of marketing, right?
- 11:56Speaker 3: They exactly coin ledger because the more rules they pass,
- 12:00Speaker 3: the more complex they make this. Obviously, the higher the
- 12:04Speaker 3: demand for tools to track and do everything for you becomes.
- 12:07Speaker 3: So it's just an unfortunate reality. It happens to be
- 12:11Speaker 3: good for our business.
- 12:12Speaker 1: Hey, Shane, who's better off if this passes? Would it
- 12:15Speaker 1: be a trader?
- 12:17Speaker 2: A long-term holder, someone that maybe is a staker or
- 12:21Speaker 2: even a self-custody holder? Who's the one that is better off?
- 12:26Speaker 4: I would say people that are more actively trading, especially
- 12:29Speaker 4: with the stable points and using them for payments, they're
- 12:32Speaker 4: definitely going to be better off by the safe harbor.
- 12:35Speaker 4: To the extent that you have large crypto traders like
- 12:39Speaker 4: institutional ones that maybe don't want to completely defer their
- 12:43Speaker 4: tax liability, Being able to make the mark-to-market election and
- 12:46Speaker 4: pay that stuff as it's going maybe saves some of
- 12:49Speaker 4: the tax headache in the long run just because I've
- 12:52Speaker 4: seen very large funds before that make that just so
- 12:56Speaker 4: that they're able to time their cash flows out a
- 12:58Speaker 4: little bit better. So I would say the more active traders,
- 13:02Speaker 4: there's going to be some win from the stablecoin safe harbor,
- 13:06Speaker 4: especially if you're just using it for payments. But there's
- 13:08Speaker 4: going to be some headache, as pointed out, because of
- 13:10Speaker 4: the wash sale loss disallowance rules being extended further. to
- 13:15Speaker 4: those active trades. If they sell something at a loss,
- 13:18Speaker 4: then buy it back within 46 days.
- 13:19Speaker 1: MAX WIETHE, MD, PhD Okay.
- 13:21Speaker 2: David, this is the Lummis bill, which is basically going
- 13:27Speaker 2: in around tax-exempt Bitcoin spending. It's set at like $ 300,
- 13:31Speaker 2: I think, on the threshold, but it has a limitation
- 13:35Speaker 2: within this. Should there be any cap at all, do
- 13:37Speaker 2: you think? Because this seems like it would cause a
- 13:40Speaker 2: problem down the road where it's going to basically be
- 13:43Speaker 2: taxing Bitcoin forever.
- 13:46Speaker 3: I think there's no way to not have some sort
- 13:49Speaker 3: of cap. Otherwise, it just becomes a very effective tool
- 13:52Speaker 3: to essentially dodge income tax, which just in the United States,
- 13:57Speaker 3: all income is taxed. And so if you could spend
- 14:02Speaker 3: Bitcoin that has ascended in value, essentially tax-free, very quickly,
- 14:07Speaker 3: that becomes a very, very effective loophole to get out
- 14:10Speaker 3: of just income taxes in general.
- 14:13Speaker 1: All right, so I think, well, I won't get into that.
- 14:16Speaker 2: But all right, so you've got another thing that's happening
- 14:19Speaker 2: that is really redesigning systems. So I think there's reports
- 14:24Speaker 2: out there saying that it's like 18 months or so
- 14:26Speaker 2: to rebuild some of these tax systems to be able
- 14:30Speaker 2: to deal with this. You guys I know are on
- 14:32Speaker 2: top of it, but there's a lot of other companies
- 14:33Speaker 2: out there that are trying to do this, including many
- 14:36Speaker 2: of the big accounting firms that are dealing with major
- 14:39Speaker 2: companies that are also dealing with this. What does that
- 14:42Speaker 2: mean for 26 and 27 tax years? Because if it
- 14:45Speaker 2: takes 18 months to rebuild, what the hell?
- 14:49Speaker 3: I think this is, again, a tale as old as time.
- 14:53Speaker 3: It's just going to be not the best experience for
- 14:57Speaker 3: your everyday taxpayer. And frankly, they're going to have to
- 15:00Speaker 3: rely on private companies. That's been the truth for forever.
- 15:05Speaker 3: But hopefully I'm wrong. But that's a big reason why
- 15:08Speaker 3: we're building out our own tax firm here at CoinLedger.
- 15:12Speaker 3: It's just we've seen the demand for people to get
- 15:16Speaker 3: help filing their taxes. And we're essentially going to be
- 15:20Speaker 3: serving that now moving into that market and really bringing
- 15:23Speaker 3: a software-first, AI-native-first approach to that problem.
- 15:27Speaker 1: Well, kudos to you guys.
- 15:29Speaker 2: Don't let a tax bill go to waste, for sure. Exactly.
- 15:35Speaker 2: Let's go to the last question, and that is what's
- 15:37Speaker 2: one move we can make today that might be applicable
- 15:43Speaker 2: under these new rules that would be good? You know,
- 15:45Speaker 2: if these new rules get through, what can we do.
- 15:47Speaker 1: Today to change it, you know, to change our outcome here?
- 15:50Speaker 3: Yeah, one thing that I would say is before this
- 15:53Speaker 3: becomes law is actually take a look at any assets
- 15:56Speaker 3: in your portfolio. Do you have underwater assets that you
- 16:00Speaker 3: could harvest the losses today? And if you still want
- 16:03Speaker 3: to be in that position in the long term, buy back.
- 16:08Speaker 3: That's one thing you could be doing today. The other
- 16:11Speaker 3: thing is, You know, if you are someone who is funding,
- 16:16Speaker 3: paying for a lot of your life in stable coins
- 16:19Speaker 3: and using that infrastructure, this is a big thing. So
- 16:22Speaker 3: you can feel confident in continuing to do that without
- 16:26Speaker 3: the complexity of tax reporting those transactions if this were
- 16:31Speaker 3: to pass.
- 16:31Speaker 1: Yeah.
- 16:32Speaker 2: OK, well, let me ask you this, because some of
- 16:33Speaker 2: it and I don't know if this is true, but
- 16:35Speaker 2: is some of this possibly deemed retroactive? So would those
- 16:40Speaker 2: transactions fall into that safety net? if it is retroactive
- 16:44Speaker 2: when it passes. So maybe I do a wash sale
- 16:47Speaker 2: or maybe I do a tax harvest and then bam,
- 16:51Speaker 2: it's retroactive and I get slammed because of that move.
- 16:54Speaker 3: Yeah, that's, I know the prior bill did have retroactive
- 16:58Speaker 3: components to it. This one, Shane, did you see that
- 17:00Speaker 3: in the specifics of this one?
- 17:02Speaker 4: Going through, I didn't see language that suggested that. I
- 17:05Speaker 4: can double check on that, but I didn't see anything
- 17:07Speaker 4: that suggested retroactive because the big date I saw was
- 17:09Speaker 4: post-tax years, December 31st, 2026. So that means 2027 onward.
- 17:15Speaker 4: I can double check that, but that's my understanding is
- 17:17Speaker 4: that this is not this bill. The ADAPT Act specifically
- 17:20Speaker 4: is not necessarily going to be retroactive. It's going to
- 17:22Speaker 4: be proactive for tax years going forward, similar to how
- 17:25Speaker 4: the Tax Cut and Jobs Act was for tax years
- 17:28Speaker 4: going forward. And the One Big Beautiful Bill Act.
- 17:31Speaker 1: That's to my understanding.
- 17:32Speaker 2: OK, just as a because I want to say this
- 17:36Speaker 2: for our audience that's watching this right now, just for
- 17:38Speaker 2: security purposes, guys, this first is not tax advice.
- 17:42Speaker 1: Go check with your.
- 17:43Speaker 2: Your own CPA or your own group that you're working with,
- 17:46Speaker 2: because the IRS is great at rug pulling. And it's
- 17:49Speaker 2: very possible they could change the rules or we even
- 17:52Speaker 2: see Congress out there trying to pass this, change the.
- 17:55Speaker 1: Rules within it. Best thing is.
- 17:57Speaker 2: Put some pressure on Congress to try to get this
- 17:59Speaker 2: thing not passed. So I don't know if that's possible,
- 18:03Speaker 2: but you guys know how to vote with your Congress
- 18:06Speaker 2: people to get them going because this is a problem
- 18:10Speaker 2: that I think is going to become an issue over
- 18:12Speaker 2: the next few years for sure. Guys, we're going to
- 18:15Speaker 2: have you back on because I anticipate that we're probably
- 18:17Speaker 2: going to have more of these kind of issues coming
- 18:19Speaker 2: up before year end and definitely as we go into
- 18:21Speaker 2: tax season next year.
- 18:23Speaker 1: So thanks a lot for coming in today. We appreciate it. Yeah,
- 18:26Speaker 1: thanks for having us, Paul.
- 18:34Speaker 2: If you like this video, hit like and subscribe, drop
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