What I did not know about Bitcoin and Gold ETF tax rates surprised me.
Can crypto be taxed like gold? Is regulation the real threat to bitcoin's $1 trillion market cap?
IRS considers gold and other precious metals as collectibles." "Unlike a corporate share or a bond, for example, an investment in gold itself is taxed as a collectible (like investing in art or furniture), so rather than a top 20% rate, gold is taxed at a top 28% rate. If the investor earns more than 200K (individual return) or 250K (joint return), an excise tax also applies, so the final tax rate is 31.8%."Another way gold can be taxed is if an investor owns a publicly-traded futures contract, he added. "Futures are so-called '1256 contracts' which means they're taxed once a year regardless of whether they're sold, and they're taxed 60% as long-term capital gains (21%, plus the excise tax as applicable) and 40% as short term capital gains (37%, plus the excise tax)."
How is bitcoin taxed?
Important to note that bitcoin is not considered a currency in the U.S. and doesn't have any special tax rules applied to it yet. For tax purposes, the IRS currently treats bitcoin as property and not legal tender.
"If you tried to pay for something with Bitcoin, from a tax perspective, you'd be bartering - exchanging a good for a good. That's like selling your bitcoins for a gain or loss and then using the proceeds for the thing that you're buying," said Andrew Silverman, Bloomberg Intelligence government analyst specializing in tax law. "Your gain on sale is the difference between the price you paid for the bitcoin and for how much you've sold it. Most investors will get capital gains treatment for the sale of Bitcoin. If the investor has held it for longer than one year, the maximum rate is 21% (plus the 3.8% excise tax, as applicable)."
Can bitcoin be taxed like gold?
The big question investors have is if bitcoin continues to trade like "digital gold," will it be taxed like gold as well?
This question is important because gold is taxed at a higher rate in the U.S. since the IRS considers gold and other precious metals as "collectibles."
It all comes down to how one is invested in gold. If an investor owns shares in a mining company, it is the same as buying or selling any other corporate share from a tax-perspective. But if an investor chooses to buy physical or gold-backed ETFs, then the tax implications change quite drastically.
"Buying into a gold ETF is akin to investing in gold itself," said Silverman. "Unlike a corporate share or a bond, for example, an investment in gold itself is taxed as a collectible (like investing in art or furniture), so rather than a top 20% rate, gold is taxed at a top 28% rate. If the investor earns more than 200K (individual return) or 250K (joint return), an excise tax also applies, so the final tax rate is 31.8%."
Another way gold can be taxed is if an investor owns a publicly-traded futures contract, he added. "Futures are so-called '1256 contracts' which means they're taxed once a year regardless of whether they're sold, and they're taxed 60% as long-term capital gains (21%, plus the excise tax as applicable) and 40% as short term capital gains (37%, plus the excise tax)."
What this means for bitcoin is that if the IRS changes its definition in the future, investors could be at risk of facing a higher tax rate.
Edited by Rogerdodger, 24 February 2021 - 05:48 PM.