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Technology,
Tax

Jun. 30, 2021

IRS says more cryptocurrency transactions are taxable

On June 18, the IRS released Chief Counsel Advice 202124008, asking and answering a question: Does an exchange of (i) Bitcoin for Ether, (ii) Bitcoin for Litecoin, or (iii) Ether for Litecoin qualify as a like-kind exchange under Section 1031 of the tax code?

Robert W. Wood

Managing Partner
Wood LLP

333 Sacramento St
San Francisco , California 94111-3601

Phone: (415) 834-0113

Fax: (415) 789-4540

Email: wood@WoodLLP.com

Univ of Chicago Law School

Wood is a tax lawyer at Wood LLP, and often advises lawyers and litigants about tax issues.

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If you swapped one kind of crypto for another before Jan. 1, 2018, was it tax free? You didn't get cash, so there shouldn't be any income or gain for the IRS to tax, right? As the IRS mines all the crypto data it is getting and audits you, will they allow it? The tax law was changed by statute to say that starting Jan. 1, 2018, crypto trades are taxable. By implication, doesn't that mean they were tax-free in 2017 and before?

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