Rethinking Basis in the Age of Virtual Currency

51 Pages Posted: 16 Oct 2016 Last revised: 23 Aug 2017

See all articles by Adam Chodorow

Adam Chodorow

Arizona State University (ASU) - Sandra Day O'Connor College of Law

Date Written: October 13, 2016

Abstract

In Notice 2014-21, the IRS announced that virtual currencies like Bitcoin would be treated as property — and not foreign currency — for income tax purposes. As a result, taxpayers may owe tax each time they sell or spend such currency. The IRS also declared that the traditional “stand-alone” basis rules would apply to virtual currency. This decision permits taxpayers to manipulate their tax liability by picking and choosing which virtual coins to dispose of. In this Article, I argue that taxpayers should be required to pool the basis of their virtual currency to ensure that tax gains and losses match realized economic gains and losses.

Over the years, politicians of both stripes have proposed pooling basis for securities and inventory, to no avail. The rise of virtual currencies offers a rare opportunity to re-examine the basis rules for such assets. Allowing taxpayers to manipulate their tax results without changing their economic gains or losses undermines the tax system and permits taxpayers to take advantage of the time value of money to reduce their real-world taxes. In the second half of this article, I argue that either Congress or the IRS, exercising its regulatory authority, should require taxpayers to pool basis for a wide variety of fungible assets, including securities and inventory.

Keywords: bitcoin, cryptocurrency, basis, taxation, tax, basis, inventory, accounting

JEL Classification: K34,H20,H26,

Suggested Citation

Chodorow, Adam, Rethinking Basis in the Age of Virtual Currency (October 13, 2016). Virginia Tax Review, Vol. 36, p. 371, 2017, Available at SSRN: https://ssrn.com/abstract=2851942

Adam Chodorow (Contact Author)

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

Box 877906
Tempe, AZ 85287-7906
United States

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