Pertinacious Tom
Importunate Member
- Thread starter
- #301
Legislators Hid a Sneaky Crypto Reporting Provision in the Infrastructure Bill
They didn't really hide it and it's the same old reporting provision brought to us by the drug war in the 80's, just applied to new tech.
They didn't really hide it and it's the same old reporting provision brought to us by the drug war in the 80's, just applied to new tech.
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Section 6050I is a "long-forgotten statute" within the tax code, says Abe Sutherland, an adjunct at the University of Virginia School of Law and a fellow at the Coin Center. It requires people who transact large amounts of cash—above $10,000—to file reports to the IRS detailing the senders' names and Social Security numbers. The new law amends the rule to make it apply to cryptocurrency transactions.
This is "way more severe" than just adding friction, he says.
"All other tax code reporting violations are misdemeanors, but violation of 6050I can be a felony (up to five years in prison)," Sutherland notes on Twitter. "The law's relative clarity and limited applicability in the case of old-fashioned cash does not translate to digital assets. Compliance can be impossible."
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The change to Section 6050I largely flew under the radar, as much of the cryptocurrency community was distracted by another measure in the same bill. This provision redefines broker to include "any person who (for consideration) is responsible for regularly providing any service effectuating transfers of digital assets on behalf of another person." As Will Wilkinson writes at Model Citizen, "This definition is so vague and broad that miners/validators, node operators, or even Axie breeders—none of whom are brokers in any recognizable sense—could conceivably fall within its scope, which would subject them to nonsensical and potentially ruinous broker tax reporting requirements."
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Brito objects not just to the rule change but to how it was pushed through. The language was added at the last minute to a $1.2 trillion infrastructure bill without normal, separate hearings, debate, and voting. "There's a whole process through which the issues get aired and unintended consequences become understood, and then members can vote with a full knowledge of the vote," says Brito. But that didn't happen. Many lawmakers may not have even realized that the change had been included in the bill.
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