Investing and trading in cryptocurrency has become increasingly popular over the last few years. However very few have taken a step back to consider the tax implications involved.
This rapid growth has also attracted notable attention from HMRC, who are eager to ensure that all businesses, investors and traders are paying the correct amount of tax on cryptoassets. It is important that anyone active in this sector has their tax affairs structured correctly, in a tax efficient way, whist remaining compliant with HMRC. This will help to avoid any penalties and fines as well as unplanned tax bills.
Cryptocurrencies are virtual or digital currencies that use cryptographic functions to carry out financial transactions and are not controlled by any central authority. They leverage blockchain technology to gain this decentralisation.
Cryptoassets are the assets that are stored on distributed ledgers. This not only includes all cryptocurrencies but also non-currency assets such as utility tokens and security tokens.
HMRC does not deem the buying and selling of cryptoassets to be the same as gambling. Depending upon how cryptoassets are held, Capital Gains Tax, Income Tax and Inheritance tax can all apply.
Mostly, people hold cryptoassets as personal investments, typically for capital appreciation or to make specific purchases. Capital Gains Tax may be liable, when cryptoassets are disposed.
You will also usually be liable for Income Tax and National Insurance contributions on cryptoassets held by individuals, when they are received from either:
– An employer as a form of (non-cash) payment, or
– From airdrops, transaction confirmation or mining
For the purpose of Inheritance tax, Cryptoassets are treated as property.
Income tax and national insurance become liable on the value of the asset when certain criteria are met and include common instances such as:
– Cryptoasset mining
– Airdrops
– Remuneration from employers
– Yield Farming
A disposal of your cryptoassests for tax purposes will occur when;
– There is a sale of your cryptoassets
– Exchange your tokens for another type of cryptoasset
– Use your crypto to pay for goods or services
– Gift your cryptoassets to another person
If HMRC considers your activities to be a trade, rather than investing, then you will be taxed as if you are running a business and income tax will be due.
There are a number of factors that influence this decision, and it can be complicated. It is therefore important that professional advice is sought from specialist cryptocurrency accountants.
HMRC can ask you produce the below information in a check of your tax affairs so records of all of the below should be retained;
– type of tokens
– date you disposed of them
– number of tokens you’ve disposed of
– number of tokens you have left
– value of the tokens in pound sterling
– bank statements and wallet addresses
– a record of the pooled costs before and after you disposed of them.