Can you guys base those earnings on MtGox rates, $122 wasn't it when last traded.
Or do you have to base it on the price of an US Exchange
Now what if there was only one US Exchange and it was like a fraction of the real price (no buy orders obviously).
Are those coins Earned oversea's ? or in the clouds ?
So much to go wrong here..
The IRS has dealt with issues like these for decades. This is nothing new, and doesn't require any new laws. I work with taxes and deal with these issues all the time.
You can calculate your earnings however you want, and whatever exchange you want, as long as the IRS deems it was a 'reasonable' choice. If most exchanges are buying coins for $550, and there is one that is buying them at $122, and you 'chose' the $122 to sell at, this will seem suspicious. The IRS will then modify your numbers to the $550 range and you will owe taxes and penalties based on the difference.
People have intentionally set up fake exchanges for other goods in the past (like to appraise jewelry incorrectly) to get by the IRS, and when the IRS finds out about it, usually those people serve jail time.
It doesn't matter WHERE you earned the btc - if you are US citizen, it's taxed.
It's not that hard to understand. And you can't 'trick' the IRS or use some funny way of calculating anything. The IRS is smart and has been battling these issues for decades. You can't fight them. If they say you did it wrong, you did it wrong and must pay the fines and penalties or you will go to jail. It's not like a court.
The IRS can't track every little thing you do with btc, but if you are audited, the IRS will look into your history and purchases, talk to your friends and associates, and look at anything suspicious. If you bought a new car, but didn't have any money to do so, this will look suspicious and they will claim you used btc to do it. The IRS will charge you the taxes and penalties on it and also may charge you with tax fraud along with a jail sentence. The IRS does not need proof - YOU need to prove how you bought the car.