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181  Bitcoin / Legal / Re: IRS Bitcoin is Property - Money Laundering Allegations no longer valid? on: April 05, 2014, 03:08:41 AM
if a drug dealer traded $1m FIAT for 2 picasso and van gogh paintings. and then they sold those paintings for clean money in a bank account...

... its still money laundering. no matter what 'vessel' of value they used

What if the drug dealer used HSBC bank?

its still money laundering.. but the vessel used is "to big to fail" so no one gets arrested

My subtle suggestion is it's not money laundering when nobody gets arrested, just as there is no serious terror threat when you can count the number of terror incidents in a decade on one hand. (note: I'm not suggesting we need more money laundering or terror incidents, rather that we need to rethink our "wars on" these things)
182  Bitcoin / Legal / Re: Is the IRS ruling final? Where is the legal / technical analysis? on: April 05, 2014, 01:49:01 AM
Here is a relevant quote from Business Insider:

http://www.businessinsider.com/irs-bitcoin-is-property-not-currency-full-release-2014-3

Quote
"Users will have to track their transactions and determine the amount of their taxable gain each time," he told BI in an email. "It's quite a burden. The rules on taxing foreign currency provide an exception for 'personal transactions' for that very reason. It would be great to have that exception (or something similar) apply to bitcoins as well."

But Cross adds the IRS' guidance may not stand forever. The Treasury Department should now begin developing formal regulations tailored to digital currencies.

"That typically begins with a request for public comments, which was included in the notice," he said. "Tax professionals can then identify issues and advocate possible solutions.  So between now and the issuance of actual regulations (which takes years), there's ample opportunity to shape the tax treatment."

183  Bitcoin / Bitcoin Discussion / Re: If there's a huge drop in hash power.. on: April 05, 2014, 01:29:05 AM
Bitcoin has many strengths. One is being decentralized, another is being market driven, and still another is being global. These factors make it incredibly resilient. Any one factor which might affect it, such as totalitarian governments (e.g. N. Korea), localized pricing pressures, or environmental disasters (like Chile's recent tsunami), etc. won't really affect the whole. There are multi-million dollar mining operations intentionally positioning themselves to take advantage of energy costs. There may be slight network quirks from time to time (like 2 hr + confirmations), but you'd never expect to see 95% of global hashing power vanish suddenly.
184  Bitcoin / Hardware wallets / Re: Trezor Usage Not Secure IMO on: April 04, 2014, 10:52:12 PM
Don't buy Trezor from untrusted source. Problem solved.

Of course you can run some blackbox/unit tests on device to prove that it is genuine / works as expected,

slush, FWIW I think the Trezor is indeed safe for now when it and Bitcoin are not so popular in the mainstream. I used that title to make a point. I'd rather have people thinking something which is secure could be insecure than vice versa. I hope to avoid a situation where it's commonly believed the Trezor is safe for storing 50-100K USD plus of value, only to see it vanish because some hackers set up successful real world MITM attacks.

but that definitely isn't something what regular users will do.

I agree.

That's why I made this post (with a proposed a solution).
185  Bitcoin / Legal / Re: IRS Bitcoin is Property - Money Laundering Allegations no longer valid? on: April 04, 2014, 10:09:44 PM
if a drug dealer traded $1m FIAT for 2 picasso and van gogh paintings. and then they sold those paintings for clean money in a bank account...

... its still money laundering. no matter what 'vessel' of value they used

What if the drug dealer used HSBC bank?
186  Alternate cryptocurrencies / Altcoin Discussion / Re: What is your end game if BTC crashes overnight? on: April 03, 2014, 07:48:14 AM
LOL this looks like a Ripple pump/promo in disguise. A lot of people sure seem to have an interest in selling Ripple, rather than letting people figure its worth on its own merit as happened with Bitcoin.

Thankfully, it looks like Open Transactions will completely negate the need for Ripple.
187  Bitcoin / Hardware wallets / Trezor Usage Not Secure IMO on: April 02, 2014, 03:34:13 PM
The Bitcoin Trezor has the potential to be a user friendly ultra-secure way to store and use bitcoin, something which has been sorely lacking.

It seems Mike Hearn has been first to receive his Trezor:

https://plus.google.com/+MikeHearn/posts/UbvCG78WpjM

While the product looks great I would caution there may be a hole in the security. Trezor is safe from virus stealing software because it's isolated from any software which might be compromised by hackers. That's only true if hackers don't have access to the actual Trezor, though. (or a look alike which can pass as one)

I've previously said any private key producing software needs some sort of checksum availability for users. This is true also of the Trezor. I won't go into detail about how it might be compromised, but its transit is the source of concern. Boxes are sent with a tamper evident hologram, but the Casascius coin hack showed us the vulnerability with that. The device IMO should be able to call back to the company website to verify the software has not changed.

People are going to put their trust and money into security solutions we tell them to, so we need to make sure those solutions are really secure.

188  Bitcoin / Legal / Re: FINCEN v IRS on: April 02, 2014, 03:00:41 PM
Funny I thought about this contradiction a few hours ago.
189  Bitcoin / Bitcoin Discussion / Re: ZGL-wallet: achieve zero gain/loss for tax purposes with coin control on: March 29, 2014, 04:03:20 AM
I give up.
190  Bitcoin / Bitcoin Discussion / Re: ZGL-wallet: achieve zero gain/loss for tax purposes with coin control on: March 29, 2014, 03:05:32 AM
I wasn't really looking at it as an argument.  

You said, for example:

... In my opinion, you are required to report the taxable gains but reporting 3,000 transactions that did not result in a gain may appear frivolous.

You have repeatedly emphasized this position throughout the thread despite me, and a tax attorney, saying documenting all the transactions is the way it works in the United States. When you express a contradicting position it's called an argument. This isn't necessarily a bad thing. It's not like I feel hostility toward you. It's just I believe accuracy is preferable. To be accurate in a discussion where there are no experts one relies more heavily on the substance of the arguments.

The only thing either of us can offer is our point of view, drawing from whatever resources we each have. All else being equal, and given the subject matter, one would expect a person actually involved in the system in question to have more credibility behind their words, so long as what they said made sense. If I started speaking authoritatively about what is and isn't required for Canadian capital gains reporting I'd personally feel embarrassed if a Canadian citizen joined the discussion who took issue with what I said, let alone think of directly challenging them. How could I possibly be equal in historical knowledge, not being a studied expert.

Now, a U.S. citizen arguing against a U.S. citizen I can see, or a Canadian arguing against a Canadian, but a foreigner arguing against a native on subject matter of the native's country seems silly, absent a special case, like the foreigner having insight as a studied expert. That wasn't the case with you, though.

Canada's CRA is similar your IRS in terms of capital gains treatment.  Differences in the behaviour of the ZGL wallet between Canada and the US would be minor, I believe.
 

See you've done it again. You made an authoritative statement concerning the IRS when the knowledge you should possess naturally doesn't pertain to it. You said "I believe" here but really not elsewhere. When a citizen tries to explain how a system they're familiar with works, if it makes sense you should probably give it some credence.
191  Bitcoin / Bitcoin Discussion / Re: ZGL-wallet: achieve zero gain/loss for tax purposes with coin control on: March 29, 2014, 02:15:41 AM
... and people engaging in these transactions can routinely ignore the tax consequences, because there aren't any.

I acknowledged not being a lawyer before making my tax remarks. Peter R had the good sense to do the same, but I haven't seen that from you. For you to make the statement above I find it troubling, that is unless of course you are a lawyer or tax professional.


Sorry acoindr, I was working on something else.  I've stated my citizenship at least twice in this thread, and several times in my post history.  

That's why I asked. I thought I'd read something about it. So you're from Canada.

Regardless of the myriad of words from each of us, you don't see anything peculiar about keeping up an argument against a U.S. citizen that has actually been in the country's tax system for decades, as a Canadian?
192  Bitcoin / Bitcoin Discussion / Re: ZGL-wallet: achieve zero gain/loss for tax purposes with coin control on: March 28, 2014, 11:00:22 PM
Aaaand silence ...
193  Bitcoin / Bitcoin Discussion / Re: ZGL-wallet: achieve zero gain/loss for tax purposes with coin control on: March 28, 2014, 10:43:40 PM
I didn't say it avoided capital gains. Once again, my disagreement with you is only over the accounting and reporting methodology, not whether or not specific lots can be used to offset capital gains.

Am I understanding you correctly that you are wondering if you make a trade and realize exactly zero gain if you are required to report it?

(Of course, ZGL documents everything and gives you the ability to report it if you choose but I think doing so may appear frivolous.)

Let me ask you something. Are you a U.S. citizen?
194  Bitcoin / Bitcoin Discussion / Re: ZGL-wallet: achieve zero gain/loss for tax purposes with coin control on: March 28, 2014, 10:30:59 PM
It's not simply enough to tell the IRS, oh, well due to the way we buy our gold we never have any capital gain events.

Stop this straw man. Nobody claimed this means never having capital gains events.

Well, it's whatever you meant then. I (as well as the tax attorney) say every transaction counts for documentation; you said that's wrong.

You realize that specific lot identification is used to calculate capital gains for billions if not trillions of dollars assets each year, right? This is nothing new to bitcoin.

My argument is not against specific lots. My view is that's a valid technique. What we seem to disagree on is what the government is likely to view as potential taxable events.


Again, I think you are misunderstanding how ZGL works.  ZGL is an accounting system to ensure compliance with US tax laws.  It doesn't magically avoid capital gains.

I didn't say it avoided capital gains. Once again, my disagreement with you is only over the accounting and reporting methodology, not whether or not specific lots can be used to offset capital gains.

If I can't get you to grasp what I've explicitly stated is what I disagree with you on I don't see any usefulness in continuing the back and forth, especially since neither of us are tax experts.
195  Bitcoin / Bitcoin Discussion / Re: ZGL-wallet: achieve zero gain/loss for tax purposes with coin control on: March 28, 2014, 10:04:16 PM
Quote
#2 Every bitcoin transaction is taxable.
As I said in my first post, Bitcoin users will have to calculate their gain or loss every time they purchase goods or services with bitcoin. Yes, this is a very onerous burden and creates a significant threat to the widespread adoption of bitcoin. However, this outcome is not very surprising and is consistent with US tax laws. Hopefully the Treasury Department or Congress can be convinced to apply a "personal transaction" exception similar to the one that exists for foreign currency. But for now, this is how it will have to work. ...

He's wrong. Every transaction is not taxable. It may be taxable if it produces a gain.

Okay, I can see you disagreeing with me as I'm not a lawyer, but now you're disagreeing with the actual tax attorney quoted by Business Insider as well as a Georgetown Law professor. You really think you're seeing something they don't?

Let me try to explain it this way. Gold is in the exact same situation as Bitcoin. Gold is viewed as property instead of currency. If you exchange gold for other property you can also realize capital gains and losses.

Technically, anytime this happens you're supposed to report any gains. If you're in the business of regularly exchanging gold for other property you should have an accounting system which assesses the value of gold at the time of trade versus the fair market value, in U.S. dollars, of the good or service being acquired.

It's not simply enough to tell the IRS, oh, well due to the way we buy our gold we never have any capital gain events. That's not how it works. It's because you're doing something outside the dollar system that raises the scrutiny, which could very well result in an audit. If you are audited the auditor will tell you what may have resulted in capital gains. Since, again, you're transacting outside the U.S. dollar system with property having a value which fluctuates every transaction is within question for the audit. If you want to then show your lump sum purchase history and think that will fly, good luck. My opinion is it won't, and I believe that's what these actual tax experts are explaining when they say every transaction should be documented and assessed.
196  Bitcoin / Bitcoin Discussion / Re: ZGL-wallet: achieve zero gain/loss for tax purposes with coin control on: March 28, 2014, 07:12:35 PM
Okay, now I understand what you're talking about. That won't work. You're saying the wallet is set up where the coins you spend are always spent at a time when their value with respect to U.S. dollars has declined, so that there is no capital gain on the trade and nothing to report.

He's not proposing that. You need to go back and reread the OP. There will still be capital gains, just not on every single little transaction.

I may still misunderstand exactly what he's proposing, but I don't think I misunderstand the implications of the IRS guidance. Again, regardless of this thread every Bitcoin transaction can be a taxable event. That's what the tax attorney I linked says:

Quote
#2 Every bitcoin transaction is taxable.
As I said in my first post, Bitcoin users will have to calculate their gain or loss every time they purchase goods or services with bitcoin. Yes, this is a very onerous burden and creates a significant threat to the widespread adoption of bitcoin. However, this outcome is not very surprising and is consistent with US tax laws. Hopefully the Treasury Department or Congress can be convinced to apply a "personal transaction" exception similar to the one that exists for foreign currency. But for now, this is how it will have to work. ...

... The ZGL wallet function is like the checking account here. There might be a small amount of tax avoidance (in some cases, though in other cases taxes might increase), but that is minimal compared to the reduction in taxable events.

That's just it. It's never a good idea generally, when discussing US taxes, to talk about tax avoidance  Wink

@ acoindr

I think you are still misunderstanding how ZGL works.  

I don't think so, but it's possible.


You said that each purchase cannot be guaranteed to be zero gain/loss but it can.  

I didn't say that. What I disagree with you on is accounting and reporting methodology.

Just check out my example in the OP.  

I did.

Hey, I've got to step out now but I do think this thread/idea has merit!
197  Bitcoin / Bitcoin Discussion / Re: Idea: the zero-gain/loss-for-tax-purposes wallet on: March 28, 2014, 06:43:37 PM
What I mean is that eventually you will run out of coins purchased at a "high cost basis".  You will only have "low cost basis" coins in your ZGL wallet.  If you spend a "low cost basis coin" to purchase a coffee you would recognize a taxable gain.  It may be difficult to ensure compliance with US tax laws under such circumstances as you could be making over 10 such purchases per day.  

Instead, when your wallet runs out of "high cost basis" coins, your wallet would automatically recognize a "lump sum" capital gain by swapping "low cost basis" coins for new coins using a mixing service.  You would report these transactions since they resulted in a capital gain.  

Okay, now I understand what you're talking about. That won't work. You're saying the wallet is set up where the coins you spend are always spent at a time when their value with respect to U.S. dollars has declined, so that there is no capital gain on the trade and nothing to report. There are two problems with that. First, it's possible for the exchange rate, overall, to keep increasing during your spending period. Second, the IRS won't take your word for it there was no capital gain, like teachers in school they want you to "show your work".

But now your wallet can continue forging ZGL coins which are "current" in the sense that the moment you spend them, your cost basis is exactly equal to their current market price.  

There is no way you could do that, because nobody and no software can predict what the market price will be at any time in the future.

The ZGL method is advantageous to both the filer and to the IRS.  It reduces your paper work without affecting the accuracy of your private records (in fact you now keep better records than ever!), and it reduces the paper work that the IRS has to process.  

The way I envision it that's quite possible. Software can produce extremely precise and organized reporting.

In my opinion, if you sent a report to the IRS that documented 3,000 tiny transactions, where each one has a gain of exactly zero, I think they may view this as "an attempt to protest" and fine you $5,000.  

It may appear you are launching a DoS attack, for lack of a better term.  

That's not how it works. I think you said you were not from the US? In fact this is the problem you quoted from that Georgetown Law professor, Levitin:

http://www.theatlantic.com/technology/archive/2014/03/why-bitcoin-can-no-longer-work-as-a-virtual-currency-in-1-paragraph/359648/

It's the fact that every single bitcoin trade can be viewed as a taxable gain or loss event, with them classified as property, which causes Levitin to argue they are now unworkable as currency. That's why Bitcoin Foundation's legal counsel says the classification results in unrealistic and cumbersome reporting requirements.

Average people are generally not meticulous enough to keep up with every property trade they perform, especially when that property behaves more like a currency. Add to that potential capital gains to report and you end up with a potential financial accounting nightmare for Bitcoin currency users. The idea you have about offsetting gains with losses though using smart software decisions counters that. What I'm saying is in addition the software, if designed intuitively, can also make the accounting and documentation effortless. It's a double win.

Regardless of any ZGL wallet Bitcoin users would be expected to show capital gains (or losses) on every bitcoin transaction. Even if those were all at a loss transaction documentation should still be made and records kept in case of audit. That's how it works in the U.S.
198  Bitcoin / Bitcoin Discussion / Re: Idea: the zero-gain/loss-for-tax-purposes wallet on: March 28, 2014, 05:19:41 PM
Disclaimer: I am not a lawyer and this is not tax advice.

I'm not sure you are following the idea behind the ZGL wallet.  It's purpose is to recognize larger "taxable gain" events on a weekly, monthly or as needed basis, such that all day-to-day spending is provably zero gain/loss.  This helps to ensure compliance with US tax laws.   

I'm not sure I understand what you're saying here. According to the Wall Street Journal's Q&A on the IRS guidance any transaction with the coins would (or I should say could) be a taxable gain (or loss) event.

Quote
Q-6:  Does a taxpayer have gain or loss upon an exchange of virtual currency for other property?

A-6:  Yes.  If the fair market value of property received in exchange for virtual currency exceeds the taxpayer’s adjusted basis of the virtual currency, the taxpayer has taxable gain.  The taxpayer has a loss if the fair market value of the property received is less than the adjusted basis of the virtual currency. ...

We might be saying the same thing, but to clarify, what I'm saying is I see the ZGL wallet as recording all relevant tax activity surrounding coins. For example, it starts at 0, but when it receives coins they are marked with the current exchange rate for tax basis. Depending on what the exchange rate does, a user could decide whether to make a real world purchase or delay it for tax benefit. If the exchange rate rose they would have a capital gain if the fair market value of what they were "purchasing" (exchanging for their coins) was commensurate, or in other words had a value which exceeded the original lower cost basis. That's a complicated way of saying the bitcoin sale was pegged to U.S. dollars.

In order to offset that capital gain the wallet could also hold coins purchased at a higher rate reflecting a capital loss relative to the exchange rate at the time of the purchase. By using a calculated portion of each of these higher and lower cost basis coins the final trade would result in a capital gain and loss of exactly zero.

Since shopping habits and coin purchases can be haphazard, I see the wallet as maintaining some amount of capital gain or loss at any given time, which could prompt users to adjust their behavior accordingly for beneficial tax effect.

Again, we might be saying the same thing. The part where you lose me is when you talk about calculating events on a weekly, monthly, etc. time frame, because that's not a way I see it working unless users spending habits followed that structure. Every single trade is potentially a capital gain or loss event no matter when it occurs. However, the wallet could track all that info and behave such that over time against a backdrop of volatile exchange rates a user could end up with marginal capital gain or loss, with fairly little effort.

Sending the IRS filings that contain frivolous information is a frivolous filing.

I agree. We are saying the same thing here.
199  Bitcoin / Bitcoin Discussion / Re: Idea: the zero-gain/loss-for-tax-purposes wallet on: March 28, 2014, 04:05:24 PM
Disclaimer: I am not a lawyer and this is not tax advice.

I don't see why ZGL support couldn't be added as a feature for Armory, or any other wallet for that matter.  It requires detailed coin control, but from the user perspective the complexity can remain entirely hidden.  

Not entirely. The way I see it working a user would need to jot a note of every transaction with the software, and probably keep a physical receipt too. The wallet would keep its own ledger of coin identifications, which coins were received when, for how much, and which were spent when and for how much.

The wallet would need to have real-time BTC price data from a source that the IRS would deem reliable, ...

Not really. According to the Wall Street Journal's Q&A the fair market value of coins can be determined by a listed exchange rate based on supply and demand, which is consistently applied. Choosing any large Bitcoin exchange as a data source should be fine.

... and it would need a way to occasionally realize capital gains on "low cost basis" coins.

I don't see why. You wouldn't realize a capital gain or loss on coins until some transaction. The wallet IMO should have an informative interface showing how much in total capital gains or losses a user had at any given time, given the current exchange rate. There would be actual capital gains and potential capital gains (or loss), the actual ones being records of noted transactions which took place.

By checking the Capital Gain Tracker a user could make informed decisions about when to purchase or sell coins (or market goods and services) for tax benefit. For anyone thinking this is an unfair tax loophole scheme I'd argue it's not. Sales tax on purchases would still apply, and probably not be under reported since customers would prefer a receipt for their own tax records. From the property owner (Bitcoin holder) perspective it's simply smart asset management, with diligent record keeping. There is no law against that.

I think the most effective way to realize a capital gain for tax purposes is to use a coin mixer.  You would send 1 BTC + fee into the mixer and receive a new 1 BTC coin sharing 0 taint with the original coin.  Since this is a new piece of property exchanged at arm's length, you are required to recognize the capital gain on this "low cost basis" coin you sent into the mixer at the moment of the exchange.

If you wanted to force a realized capital gain (or loss) I agree this should work. The new property received would enter the wallet system at the current fair market exchange rate.

When you want to make specific identification you also need to make sure the specific identification of which one you are selling is done verifiably at the time you are selling it,  and be able to prove WHEN you decided and made the record which one you were selling, in order to provide adequate identification ---- typically, this would be done in writing with the broker you use to sell the capital asset.    For example:  to sell a specific lot of stock,  you must identify which basis lot(s) you are selling  before the settlement date of the trade.

It is fine, if you make the decision on the fly, and can prove you did.

That's the whole point of the wallet, to keep track of and intentionally use certain pieces of property (coins) at different times. Making notes of the transaction with the wallet software along with keeping physical receipt records should suffice.

In the US; there can also still be reporting requirement, even when there is a loss or  wash.  

We need legal confirmation on this point as applied to ZGL.  Upon my preliminary research, I believe you are required to report the events where you realized a gain, and should keep records of the ones that were a wash.

I believe that's correct. The U.S. tax system is sold as "voluntary compliance", meaning tax payers self report what they owe and how they concluded that. The catch is you have to be correct in the event of an audit or possibly face back penalties and interest. This is where keeping good records comes in. A person who can produce detailed records has a good basis for an argument, even if they made a mistake, although tax could still be due.

On reddit, it was argued that filling 3,000 (ZGL) transactions would be considered a "frivolous filing" and that you would be subject to the $5,000 Frivolous Filing Fine.

I don't believe that applies. Definition of the word frivolous: not having any serious purpose or value. That's the opposite of the detailed transaction records the ZGL wallet creates.

http://www.law.cornell.edu/uscode/text/26/6702

Quote
26 U.S. Code § 6702 - Frivolous tax submissions

(a) Civil penalty for frivolous tax returns
A person shall pay a penalty of $5,000 if—
(1) such person files what purports to be a return of a tax imposed by this title but which—
(A) does not contain information on which the substantial correctness of the self-assessment may be judged, or
(B) contains information that on its face indicates that the self-assessment is substantially incorrect, and ...
200  Bitcoin / Bitcoin Discussion / Re: [POLL] Are you getting off the train? on: March 27, 2014, 11:53:39 PM
That's an amusing graphic.

First because it looks comical. Second, because the price of bitcoins was $13 in January a year ago.
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