Disclaimer: I am not a lawyer and this is not tax advice.
I don't see why ZGL support couldn't be added as a feature for Armory, or any other wallet for that matter. It requires detailed coin control, but from the user perspective the complexity can remain entirely hidden.
Not entirely. The way I see it working a user would need to jot a note of every transaction with the software, and probably keep a physical receipt too. The wallet would keep its own ledger of coin identifications, which coins were received when, for how much, and which were spent when and for how much.
The wallet would need to have real-time BTC price data from a source that the IRS would deem reliable, ...
Not really. According to the
Wall Street Journal's Q&A the fair market value of coins can be determined by a listed exchange rate based on supply and demand, which is consistently applied. Choosing any large Bitcoin exchange as a data source should be fine.
... and it would need a way to occasionally realize capital gains on "low cost basis" coins.
I don't see why. You wouldn't realize a capital gain or loss on coins until some transaction. The wallet IMO should have an informative interface showing how much in total capital gains or losses a user had at any given time, given the current exchange rate. There would be actual capital gains and potential capital gains (or loss), the actual ones being records of noted transactions which took place.
By checking the Capital Gain Tracker a user could make informed decisions about when to purchase or sell coins (or market goods and services) for tax benefit. For anyone thinking this is an unfair tax loophole scheme I'd argue it's not. Sales tax on purchases would still apply, and probably not be under reported since customers would prefer a receipt for their own tax records. From the property owner (Bitcoin holder) perspective it's simply smart asset management, with diligent record keeping. There is no law against that.
I think the most effective way to realize a capital gain for tax purposes is to use a coin mixer. You would send 1 BTC + fee into the mixer and receive a new 1 BTC coin sharing 0 taint with the original coin. Since this is a new piece of property exchanged at arm's length, you are required to recognize the capital gain on this "low cost basis" coin you sent into the mixer at the moment of the exchange.
If you wanted to force a realized capital gain (or loss) I agree this should work. The new property received would enter the wallet system at the current fair market exchange rate.
When you want to make specific identification you also need to make sure the specific identification of which one you are selling is done verifiably at the time you are selling it, and be able to prove WHEN you decided and made the record which one you were selling, in order to provide adequate identification ---- typically, this would be done in writing with the broker you use to sell the capital asset. For example: to sell a specific lot of stock, you must identify which basis lot(s) you are selling before the settlement date of the trade.
It is fine, if you make the decision on the fly, and can prove you did.
That's the whole point of the wallet, to keep track of and intentionally use certain pieces of property (coins) at different times. Making notes of the transaction with the wallet software along with keeping physical receipt records should suffice.
In the US; there can also still be reporting requirement, even when there is a loss or wash.
We need legal confirmation on this point as applied to ZGL. Upon my preliminary research, I believe you are required to report the events where you realized a gain, and should keep records of the ones that were a wash.
I believe that's correct. The U.S. tax system is sold as "voluntary compliance", meaning tax payers self report what they owe and how they concluded that. The catch is you have to be correct in the event of an audit or possibly face back penalties and interest. This is where keeping good records comes in. A person who can produce detailed records has a good basis for an argument, even if they made a mistake, although tax could still be due.
On reddit, it was argued that filling 3,000 (ZGL) transactions would be considered a "frivolous filing" and that you would be subject to the $5,000 Frivolous Filing Fine.
I don't believe that applies. Definition of the word frivolous:
not having any serious purpose or value. That's the opposite of the detailed transaction records the ZGL wallet creates.
http://www.law.cornell.edu/uscode/text/26/670226 U.S. Code § 6702 - Frivolous tax submissions
(a) Civil penalty for frivolous tax returns
A person shall pay a penalty of $5,000 if—
(1) such person files what purports to be a return of a tax imposed by this title but which—
(A) does not contain information on which the substantial correctness of the self-assessment may be judged, or
(B) contains information that on its face indicates that the self-assessment is substantially incorrect, and ...