04/09/2022
CRYPTO-STAKING TAXATION UPDATE
We've been hearing a lot of questions about the status of staking taxation in response to some “clickbait” articles going viral in the crypto community. We decided to check in with crypto-tax expert, Matt Metras, to get his take. Here’s what Matt had to say:
“In 2019, a couple named Josh and Jessica Jarrett reported income from staking Tezos on their tax return. They later decided to file a claim for refund of that tax alleging that staking is not subject to income tax. The IRS denied that claim for refund.
The Jarretts sued the IRS in district court. This matter has not gone to court. The IRS proposed a settlement with the Jarretts to refund the tax to avoid litigation. This is standard procedure as it will cost the IRS much more to fight in court than the amount of tax at issue (around $3500). This does not mean the IRS agrees with the Jarrett's position or that they felt like they would lose in court.
There are several articles out there stating the IRS has stated staking is not taxable. This is not accurate.
The IRS has made no statements of any kind on staking. This means the landscape on whether or not staking is taxable is the same as it has been.
The Jarretts have declined the proposed settlement and plan to continue litigation. The hearing is scheduled for March 2023, so we won't have a definitive answer on staking any time soon.
In summary: There has been no new IRS guidance, and this is not precedent.
https://thinkoutsidethetaxbox.com/author/matt-metras/