Biden's Monetary Reporting Commitments for Cryptocurrency Exchanges – Expertise

Introduction – Includes Biden's Tax Compliance Agenda
Mandatory reporting by cryptocurrency exchanges about the account

In May 2021, the U.S. Treasury Department released a report
Description of the tax compliance initiatives that make up part of the United States
President Joe Biden's American Family Plan. The report
shows that the Biden administration certainly appreciates this
Cryptocurrency "poses a significant identification problem in that
Facilitating illegal activities, including tax evasion. "
In response, the President's Tax Compliance Agenda suggests the following:
new reporting system for third parties that the
“Information that financial institutions are already collecting in order to
shed light on taxpayers who generate income. specify incorrectly
opaque sources. "

The new reporting system will be based on current information
Returns, such as the Form 1099-INT reporting to Internal Revenue
Service (IRS) for any U.S. taxpayer who has received at least $ 10
Interest from a bank, broker, or other financial institution.
Under the new regime, financial institutions would "report"
additional data on the financial accounts of these existing ones
Returns of information. "Especially financial institutions,
including "foreign financial institutions and crypto assets"
Stock exchanges and custodians "must submit an annual declaration
Reporting "gross inflows and outflows for all stores and
personal accounts. including bank, loan and investment
Accounts. "In addition, the new financial account reporting
Regime becomes “cryptocurrencies”, “cryptoasset
Bill of exchange accounts "," Payment service accounts that accept
Cryptocurrencies "and" companies that receive
Cryptoassets with a fair market value of more than
$ 10,000. "

Although the Treasury Report does not go into details,
new financial reporting obligation will likely save the internal
Revenue Service goes to the lengths to locate this information
Cryptocurrency exchanges, one at a time – the approach the IRS takes
taken until today. On March 30, 2021, for example, the Interne
The tax authorities have received a court order demanding the San
The Francisco-based cryptocurrency exchange Kraken is set to surrender
Information about account holders with at least $ 20,000 in
Cryptocurrency transactions in the period from January 1, 2016,
by December 31, 2020. Two days later, the IRS received a similar one
Court order against the Boston-based cryptocurrency exchange,
Circle Internet Financial Inc. and its spinout company Poloniex
GMBH. And in 2017 the IRS hit the virtual currency exchange Coinbase,
with similar demand. A nationwide reporting requirement
obviously allows the Internal Revenue Service to identify
non-compliant cryptocurrency users without breaking their budget
Litigation against individual cryptocurrency exchanges.

How cryptocurrency information reporting in the United States
Could be trouble for Canadians with unreported cryptocurrency

Many Canadian cryptocurrency traders and investors hold accounts
with US-based cryptocurrency exchanges. Some cryptocurrency users
even shy away from Canadian cryptocurrency exchanges because
They consider Canadian exchanges to be less trustworthy – a stigma that
probably derived from the securities of the Ontario Securities Commission
discover the QuadrigaCX, which was once considered Canada's largest
Cryptocurrency exchange was nothing more than a Ponzi scheme.

Reporting of cryptocurrency information in the United States should
alert Canadian taxpayers using US-based cryptocurrency exchanges
and failed to make profits or holdings in cryptocurrencies on their
Canadian income tax returns. There are at least two reasons

First, Canada and the US have long committed to sharing taxpayers
Information for tax purposes. The CRA and the IRS
exchanges taxpayer information based on their
Participation in the Canadian-American tax treaty. Article XXVII of the
Treaty obliges the two countries to exchange all information that
may be relevant to a country's domestic tax enforcement
Laws. In addition, an international coalition was formed in the summer of 2018
the tax administrators – including the Canada Revenue Agency and the
United States Internal Revenue Service – promised yours
Resources and expose cryptocurrency users who evaded their tax
Obligations. The project aims to uncover and unreported income
Assets from investments in Bitcoin SV (BSV), Tether (USDT),
Monero (XMR), EOS, Binance Coin (BNB) and other cryptocurrencies,
like Facebook's upcoming Diem (formerly called
Libra). As a result, after extracting the taxpayer information from the
new cryptocurrency reporting system, the Internal
The Revenue Service will likely share its findings with the CRA,
This enables the Canadian tax authorities to investigate, audit and
prosecute Canadian cryptocurrency traders and investors who
tries to evade Canadian tax obligations by being US based
Cryptocurrency exchanges.

Second, when coverage of cryptocurrency information proves fruitful
the Canadian parliament will likely be responsible for collecting taxes in the US
Follow episode. In fact, the IRS has already inspired Canada
Revenue Agency to extract taxpayer records from the cryptocurrency
exchanges. Mirroring the lightning bolt of the IRS on the US-based
Cryptocurrency exchanges Circle Internet Financial, Poloniex,
Coinbase and Kraken, the CRA has received a federal court order
requires the Canadian cryptocurrency exchange Coinsquare
Identify all Canadian customers who had cryptocurrency accounts
Valued at $ 20,000 or more over the 2014-2020 period
or the cryptocurrency accounts with total deposits. held
$ 20,000 since the account was created. In the same way
Canadian tax administrators have been by the tactics of the
the Canadian government could take action on its US counterparts
which are similar to those of the Biden administration
Reporting requirement for cryptocurrencies. That should be worrying, of course
all Canadian taxpayers with unreported cryptocurrency income, no
only those using US-based cryptocurrency exchanges.

Getting started with an international tax reporting system for
Cryptocurrency exchanges

In fact, Canada has already introduced cryptocurrency reporting
Obligations to domestic and foreign cryptocurrency exchanges under
Canada's proceeds from crime (money laundering) and terrorists
Financing Act. On June 1, 2021, essential regulatory
Changes created new reporting requirements in virtual currency for
all reporting units in the context of the criminal offense proceedings (money
Money laundering) and Terrorist Financing Act.

This legislation had already called for various institutions
(including accountants, casinos, banks, insurance companies and
Money service companies) to report certain cash transactions and
electronic transfers to the financial transactions and reports
Analysis Center of Canada (FINTRAC). But from June 1st
all reporting bodies must now keep records and submit to FINTRAC
"Large Virtual Currency Transactions" reports.

In particular, each reporting company must have a "major"
Transaction data record for virtual currencies "for amounts received in
Cryptocurrency of C $ 10,000 or more in a single transaction or
over several virtual currency transactions with a total value of C $ 10,000
or more within 24 hours. These records must contain:
Identity of the person from whom the reporting company received the
Cryptocurrency, the date, the amount received, the type of
Cryptocurrency and the exchange rate. The reporting company must
take reasonable steps to determine if the transaction
created on behalf of a third party. If so, it is
Records must contain the identity of the third party.

In addition to keeping records of major cryptocurrencies
Transactions, the reporting authority must report these transactions
to FINTRAC by filing a Large Virtual Currency Transaction Report
(LVCTR). The reporting company must submit an LVCTR if (1) the company
receives a cryptocurrency of C $ 10,000 or more in a single transaction
or (2) the company receives cryptocurrency of C $ 10,000 or more
within a 24-hour window and the transaction was processed from, on
in the name or for the same person. The reporting body must submit
the Large Virtual Currency Transaction Report to FINTRAC within 5
Working days after receipt of the threshold amount.

In addition, the new rules for money laundering and terrorist financing apply
also require the exchange of cryptocurrencies, both foreign and foreign
Resident in Canada for record keeping and
FINTRAC reporting requirements. Under section 5 of the proceeds
Anti-Crime (Money Laundering) and Terrorist Financing Act, the
Record-keeping obligations and FINTRAC reporting obligations
extend to both:

  • "People and organizations that have a branch in
    Canada and who are in the business of (.) Commercial business
    virtual currencies "; and
  • “People and organizations that do not have a branch
    in Canada who do business with (trading in virtual
    Currencies) addressed to any person or entity in Canada, and
    who offer these services to their customers in Canada. "

This means that Canadian and non-Canadian cryptocurrencies
Exchanges are required to file a large virtual currency transaction report
to FINTRAC if the cryptocurrency exchange has an account
that a Canadian person has deposited (or economically owned)
of) fiat money or cryptocurrency of C $ 10,000 or more, either in a
single transaction or across multiple transactions within a period of
24 hours. In certain circumstances, the new rules also require
these cryptocurrency exchanges to check those of their customers
Identity by requesting a copy of a valid official photo ID,
through a credit check or (in the case of a legal person)
Obtaining the articles of association, articles of association,
Trust deed or other ascertaining document.

Although the CRA may require FINTRAC to pass on the information
it gets from Large Virtual Currency Transaction Reports that
Reporting agents are not yet required to provide this information
directly to the CRA. But there is no reason to believe that Canada
will not introduce cryptocurrency-oriented tax reporting

In fact, we may very well be advancing an international one
Cryptocurrency tax reporting system in which cryptocurrency
Exchanges must submit cross-border tax reports in which the
Identity and details of account holders, their cryptocurrency
Transactions and stocks exceed a certain threshold. For starters,
the United States government does not hesitate to ask for it
the whole world adheres to US tax law. In 2010 the US enacted
the Foreign Account Tax Compliance Act (FATCA), the
requires all non-US financial intuitions to notify the IRS
Accounts held by a US citizen or resident. The United
The US adoption of FATCA raised serious concerns among Canada
Banks. On the one hand, if they ignored the U.S. FATCA requirements,
faced American sanctions because many Canadians
Financial institutions had significant business in the United States. On the
on the other hand, if Canadian banks comply with US FATCA
Requirements, they risked violating Canadian privacy laws. The
Friction eventually led Canada and the US to join FATCA
Agreement in 2014. Under the FATCA agreement, Canadian banks must
still report essentially the same information about held accounts
by US citizens or by US citizens. But the information is first
reported to the Canada Revenue Agency under Part XVIII of Part
Canada's Income Tax Act. The CRA then forwards it
Information to the IRS under the Canada-US tax treaty
Provisions on the exchange of information that oblige the two countries to
Comply with their own national laws, including those relating to
Privacy. The real finding, however, is that the US had enough leverage to
Encourage Canada to file a US tax return in
Canada's own domestic tax law. So it is conceivable that
other countries can meet the requirements of the Biden administration
proposed rules for reporting cryptocurrencies.

In addition, the Organization for Economic Cooperation and
Development (OECD) has promised to end by the end of 2021
issue an updated standard for general reporting. The updated
Common Reporting Standard will contain model tax rules where the
Tax authorities of the OECD member countries are automatically
Exchange information about cryptocurrency transactions and
Participations of taxpayers under their jurisdiction. Of course if one
OECD member country like Canada is planning to implement the
Recommendations of the OECD, it must first be a first
Cryptocurrency reporting regime locally. Obviously a country
cannot provide any cryptocurrency related information to its OECD
Counterparties, unless it is already collecting this information for
itself. Therefore, the recommendations of the OECD are likely to motivate
Canada and other member countries adopt robust
Domestic cryptocurrency-focused tax reporting rules. The
the resulting network becomes essentially a worldwide one
Tax reporting system for cryptocurrency exchanges.

Professional Tax Tips – Professional Canadian tax advice from a Canadian tax
Attorney: Voluntary Unreported Cryptocurrency Disclosure Program
Income & lawyer and client privilege

The one from Biden. proposed measures for reporting cryptocurrencies
Administration and cooperation of tax authorities
signal the end of the anonymity with which taxpayers were once associated
with cryptocurrency investing and trading. Canadian taxpayers with
unreported profits from cryptocurrency transactions should
find these developments rightly concerning. If you filed taxes
Returns that have missed or underreported your cryptocurrency gains,
Not only do you risk civil fines, such as
grossly negligent penalties, but also criminal tax liability for taxes
Evade. Remember that an intermediate transaction such as
Buying Bitcoin which is then used to buy another
Cryptocurrency itself can lead to a tax liability.

You may be eligible for relief under the Canada Revenue Agency regulations
Voluntary Disclosure Program (VDP). If your
VDP application qualified, CRA renounces criminals
Law enforcement and gross negligence waiver (and may
Interest). A request for voluntary disclosure is time-sensitive,
however. The CRA's Voluntary Disclosure Program becomes one
Request – and thus deny any relief – unless the request is
"voluntary." This essentially means that the VDP
Receive your Voluntary Disclosure Request in front of the CRA
will contact you regarding the non-compliance that you attempted to disclose. Our
Experienced Tax Lawyer Canadian Tax Attorney
has helped many Canadian taxpayers correct violations
Include cryptocurrency. Our Canadian tax office can carefully
plan and prepare your application for self-assessment in a timely manner. A
A properly prepared disclosure request not only increases those
Likelihood that the voluntary disclosure program will be your
Disclosure, but also lays the groundwork for judicial review
Petition to federal court if the CRA is yours

To determine if you qualify for the voluntary information
Program, arrange a confidential and privileged consultation appointment with
one of our experienced Canadian tax attorneys. Attorney and client privilege
prevents the Canada Revenue Agency from legal
Advice you received from your Canadian tax attorney. But yours
Communication with an accountant remains unprotected. Well, if you
Obtain tax advice, but obtain this information from the
CRA, you should contact a Canadian tax attorney first. When a
Accountant is needed, your Canadian tax attorney can do the
Accountants on your behalf and expand the legal privilege.

The content of this article is intended to be general
Instructions on the subject. Technical advice should be obtained
about your particular circumstances.