The Internal Revenue Service (IRS) in the United States, and the European Commission in the EU (MiCA), have been actively developing guidelines and regulations to address the taxation of cryptocurrency transactions.

In this blog, we will explore the pending IRS regulations for cryptocurrency and discuss their implications for taxpayers and the broader cryptocurrency ecosystem.

1. Background on Cryptocurrency Taxation:

To grasp the significance of the pending IRS regulations, it is important to understand the existing tax landscape for cryptocurrency.

Currently, the IRS treats cryptocurrency as property, rather than currency.

This means that crypto transactions, such as buying, selling, and trading, may trigger capital gains or losses, subject to specific tax obligations.

2. The Importance of Pending IRS Regulations:

Pending IRS regulations aim to provide clarity and guidance on various aspects, including reporting requirements, taxation of hard forks and airdrops, cost basis calculations, and more.

These regulations are crucial to ensure fair and consistent treatment of cryptocurrency transactions.

3. Reporting and Compliance:

One key area of focus in the pending regulations is enhanced reporting and compliance measures.

The IRS aims to improve taxpayer reporting by introducing more explicit requirements for disclosing cryptocurrency transactions.

This includes the use of Form 1099 for certain transactions and increased scrutiny of information provided by cryptocurrency exchanges.

4. Cost Basis Calculation and Reporting Tools:

For most businesses, cost basis calculation and reporting are the most important issues.

Because of the variable nature, and timing intricacies of cryptocurrency purchases, sales and holdings, properly accounting for transactions so that you have a Gain/Loss report that is accurate and verifiable is the most important thing you can do.

Pending IRS regulations will provide further guidance on calculating the cost basis of cryptocurrency holdings.

Crypto transactions can be subject to ordinary rates or capital gains rates, depending on how long you hold the crypto asset.

This means you can incur a tax anywhere from 10% to 37% on a gain from the sale of a crypto currency, depending on if your entity is a passthrough company or a corporation.

So, timing is everything!

This is particularly important when determining capital gains or losses during transactions for exchanges for goods or services.

Gilded has specifically designed a tool to help you calculate Gains/Losses and take out the worry of tax errors which could lead to increased taxes, interest and fines if done incorrectly.

Your tax preparer will be asking you for a detailed accounting of the timing of crypto purchases and sales, and the Gilded system will provide you with that data.

So you can be in compliance and not worry about nasty IRS surprises.


5. Taxation of Hard Forks and Airdrops:

Another critical aspect the IRS regulations are expected to address is the taxation of hard forks and airdrops.

Hard forks occur when a blockchain splits into two, while airdrops involve the distribution of new tokens to existing holders.

Clear guidelines on how to account for these events, determine fair market value, and calculate tax liabilities will be essential for taxpayers and industry participants.

6. Impact on Taxpayers and Crypto Market Participants:

The introduction of comprehensive IRS regulations will impact a wide range of stakeholders.

Individual taxpayers, cryptocurrency traders, miners, exchanges, and businesses accepting cryptocurrencies will all need to understand and adhere to the updated guidelines.

Compliance costs may increase, and failure to comply could result in penalties or audits, emphasizing the importance of proactive tax planning.

7. Importance of Seeking Professional Advice:

Given the complexity of cryptocurrency taxation and the evolving regulatory landscape, it is advisable for taxpayers involved in cryptocurrency transactions to seek professional tax advice.

Qualified tax professionals with expertise in cryptocurrency taxation can provide tailored guidance and ensure compliance with IRS regulations.


Pending IRS regulations for cryptocurrency taxation are poised to bring increased clarity and accountability to the growing world of digital assets.

These regulations will impact individuals and businesses engaged in cryptocurrency transactions, emphasizing the need for accurate reporting and compliance.

As the IRS continues to refine its approach to cryptocurrency taxation, staying informed, seeking professional advice, and maintaining accurate records will be crucial for navigating this evolving regulatory landscape successfully.


Disclaimer: This article is for informational purposes only and should not be considered as legal or tax advice. It is recommended to consult with a qualified tax professional for specific guidance regarding cryptocurrency taxation and compliance with IRS regulations.