United States of America: Entry into force of IRS reporting obligations for crypto transactions as created in the of INVEST in America Act of 2021

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Description

Entry into force of IRS reporting obligations for crypto transactions as created in the of INVEST in America Act of 2021

The obligation to report crypte transactions to the IRS takes effect on 1 January 2024 for transactions after 1 January 2023. Among many measures in various sectors, section 80603 of the act includes reporting obligations to the Internal Revenue Service (1) for businesses for transactions in digital assets worth over USD 10'000 and (2) for crypto brokers regarding all their transactions. The definition for broker is "any person who (for consideration) is responsible for regularly providing any service effectuating transfers of digital assets on behalf of another person." Amendments trying to reduce the breadth of the broker definition did not pass. The definition for digital asset is: "any digital representation of value which is recorded on a cryptographically secured distributed ledger or any similar technology as specified by the Secretary.’’

Original source

Scope

Policy Area
Taxation
Policy Instrument
Direct taxes including Digital Service Taxes
Regulated Economic Activity
digital payment provider (incl. cryptocurrencies)
Implementation Level
national
Government Branch
legislature
Government Body
parliament

Complete timeline of this policy change

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2021-08-01
under deliberation

The INVEST in America Act H.R. 3684 was amended by the US Senate. Among many measures in various se…

2021-08-10
adopted

The INVEST in America Act H.R. 3684, renamed as Infrastructure Investment and Jobs Act, was passed …

2021-08-10
under deliberation

The INVEST in America Act H.R. 3684 was passed by the US Senate and because of amendments sent back…

2021-11-05
adopted

On 5 November 2021, the US House of Representatives agreed to the amendments made by the US Senate …

2021-11-15
in grace period

On 15 November 2021, President Biden signed the Infrastructure Investment and Jobs Act into law. A…

2022-12-23
adopted

On 23 December 2022, the US Treasury Department and the Internal Revenue Service announced that bro…

2024-01-01
in force

The obligation to report crypte transactions to the IRS takes effect on 1 January 2024 for transact…

Key regulatory dimensions

Regulated subjects

The businesses, government agencies or individuals affected by this policy or regulatory change.
consumer / buyer
1
Type Private organisation
Economic activity cross-cutting
Category All
producer / supplier
2
Type Private organisation
Economic activity cross-cutting
Category All
3rd party
3
Type Private organisation
Economic activity digital payment provider (incl. cryptocurrencies)
Category All

Policy change by business practice

The detailed activities within the scope of this policy or regulatory change.
cryptoasset (any type): marketing: brokering
Regulatory tool
Regulator reporting requirement
Sanctions
Determined by existing law or regulation
Regulated subjects
2
1
3

Policy change by business practice

The detailed activities within the scope of this policy or regulatory change.

cryptoasset (any type): marketing: brokering