Salaries paid in bitcoin, mining rewards received in bitcoin, are probably taxable as ordinary income in the US. Bitcoins that you have purchased for dollars are probably taxable WHEN SOLD for dollars at long-term capital gains rate IF you have held them for the minimum holding period.
But here's a harder question. What happens if you buy some btc for dollars, then exchange those btc for litecoin after six months (before holding period ends), then sell the litecoin at a profit after 12 months (after the holding period is satisfied). Is the transaction taxable (a) at marginal income tax rate upon exchg of btc of ltc, at the appreciated value of the ltc received minus the dollars originally paid for the btc, then again upon sale of ltc for dollars; OR (b) not taxable until final sale of ltc for dollars, then at long-term cap gains rate of appreciated value of ltc?
One possible way we could get to (b) is by considering the exchange of btc for ltc as a like-kind exchange under IRC 1031 (
http://en.wikipedia.org/wiki/Internal_Revenue_Code_section_1031). Not entirely clear whether it qualifies. I would like to think that it does. Partly this is b/c of the difficulty of exiting a position to pay the tax at the intermediate step. The other reason is that it would be very difficult for the IRS to police intermediate exchanges of crypto-currencies.
I agree with your take on salaries and mining rewards. As other's have noted you have to pay taxes on barter income as well and it is valued at the date of the transaction. So, in a parallel fashion, I'd imagine that at the date of the transaction you, the employer, have to value the salary paid in BTC and pay the payroll taxes in USD that corresponds to the USD value of the BTC on that date. By the same token, you (the employee) have to pay payroll taxes -- the employer would actually deduct this from your "salary" -- and ultimately Federal and State income taxes if due. I'd argue that the same would be true of mining income with the exception that you could deduct related business expenses.
With respect to trading btc=>ltc=>USD case, I'd be inclined to think it was more similar to forex trading than a 1031 exchange. Consequently, you'd either calculate the gains/losses on a transaction by transaction basis or use the performance formula set out by the IRS. Given the volatility of these "crypto-currencies" and the difficulty in establishing a value, I'd argue that the performance formula is the only way to go here.
I'm not a tax CPA and we all know that these questions don't actually have an IRS sanctioned treatment right now. What I'm fairly confident about is that if you report it and get it wrong then the worst thing that can happen to you is that you will owe penalties -- which could quite likely be waived since there were no regulations at the time you filed. On the other hand, if you end up overpaying, then you can file an amended return and get the funds back once the treatment is clear. If you don't report it at all, then a tax evasion case could potentially be made against you. It's like that old chestnut about how much salary a S corp owner has to pay themselves. The IRS says it must be a "reasonable" salary but doesn't define "reasonable." There are rules of thumb and case law but nothing definitive. So, tax accountant treatments vary.
These are certainly things I'm researching and I'll report back if I learn anything definitive...
- Sam