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Topic: ELI5 Why is eliminating like-kind tax that big of a deal? (Read 172 times)

full member
Activity: 364
Merit: 101
Thanks for the responses guys. I do agree there are instances like you mentioned where it is more advantageous to have like-kind reporting, but in the grand scheme of things it seems to be a relatively minor difference. There is a lot of stupid FUD about "new tax laws" (I dont believe like-kind is a valid method for 2017 although some do it) and people crying that it will destroy crypto. Wanted to make sure I wasn't missing anything
member
Activity: 93
Merit: 39
Your net tax bill to this point is $12.50.

Now you have $150 BTC, wait for a few days and sell it for $130 USD. This is a short term loss of $20 and you can use 25% of that (-$5.00) to deduct your bill. Your total net tax bill is $7.50. You have a net gain after tax of $22.50.

Lets say the "wait for a few days" pushed the sale into January. You have to pay the $12.50 tax "now", and carry a $20 loss forward for a year.

Or lets say you didn't sell BTC for $130. Instead you held on long term and finally liquidated at $100. Now you have no net gain on your trading, but you've paid tax! (You do have a loss that can reduce your future taxes.)
legendary
Activity: 4522
Merit: 3426
As you have shown, it doesn't change the amount of the tax or the potential return if you cash out in less than a year. But if you don't cash out for more than a year, it potentially changes the gain from long term to short term. That could increases the tax rate in your example from 0% to 25%.

It also increases the reporting burden. In one case you have to track and report 3 trades, and in the other you must report only 1 trade. If you do many crypto-to-crypto trades a day, you could end up having to track and report thousands of trades in a year. Furthermore, if you must pay a tax on every trade, then you must make (and report) additional trades in order to cash out enough to pay the taxes.

full member
Activity: 364
Merit: 101
I dont understand how there is any difference in tax for someone who isn't holding for more than 1 year and only dealing with short term capital gains. Can someone correct me if I am looking at Capital gains tax the wrong way? Here's my example:

All short term (less than 1 year) trades will be taxed at your ordinary income rate.

https://taxfoundation.org/2018-tax-brackets/

Lets say you're in the 25% bracket. You buy $100 of BTC. You wait a few days and then trade BTC for XRP. In that time frame your original $100 BTC is worth $110 BTC, so you pay 25% of the $10 which is $2.50.

Now you have XRP and wait a month and trade it back to BTC. In this time your $110 XRP climbed to $150 XRP. You have a capital gain of $40, and 25% of that is $10. Your net tax bill to this point is $12.50.

Now you have $150 BTC, wait for a few days and sell it for $130 USD. This is a short term loss of $20 and you can use 25% of that (-$5.00) to deduct your bill. Your total net tax bill is $7.50. You have a net gain after tax of $22.50.

In the current setting, You do the same trades as above but are only taxed when you come back to fiat, so you started with $100, ended with $130. Thats a $30 gain, and a $7.50 tax bill. Your net gain after tax is still $22.50.
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