Are Cryptocurrencies Considered Foreign Currency? (2024)

People often ask: Do Bitcoin and other digital tokens qualify as foreign assets under U.S. law? Answer: Not inherently.

Cryptocurrency holders who use overseas wallets and exchanges may be subject to reporting requirements and should familiarize themselves with two tax forms: FATCA and FBAR.

Cryptocurrency as a Foreign Asset: Categorizing Tokens for Tax Purposes

For the purposes of tax assessments, the United States IRS treats cryptocurrencies as property with potential income tax and capital gain attributes. For its part, the Securities and Exchange Commission (SEC) treats most ICOs as financial securities that need to be registered or formally exempted.

And yes, if you trade or sell tokens (for fiat or other cryptocurrencies) at any point during a year,you must report it on your taxes and pay the appropriate capital gains.

For a better understanding of your cryptocurrency tax obligations, check out our completeCrypto Tax Guide!

FATCA: Foreign Account Tax Compliance Act

We’ve established that tokens traded and sold overseas may produce taxable income. Additionally, using a foreign exchange may trigger reporting responsibilities laid out in the Foreign Account Tax Compliance Act.

FATCA requires foreign financial institutions to hand over banking information on accounts that:

  • Belong to a person born in the United States;
  • Have U.S. contact information;
  • Include transfer instructions to a stateside account;
  • Have a U.S. resident as power of attorney;
  • Have a U.S. resident as someone with signatory authority.

The United States then uses this information to check against tax reporting records. People who fail to disclose foreign funds or remit taxes on qualified income may find themselves on the IRS’ radar.

Learn more about FATCA Reporting (Form 8938).

FBAR: Foreign Bank Account Reporting

International cryptocurrency transactions may trigger reporting requirements, but you may not owe taxes on the money. However, if the aggregate of your foreign accounts exceeds $10,000 at any time during the year, you may be required to file an FBAR with Uncle Sam.

If you need help identifying whether or not you’re required to file FinCen Form 114, ourFBAR lawyerscan walk you through the process and make reporting your foreign income simple!

Connect with A Cryptocurrency Tax Attorney

Gordon Law Group remains a leader in the cryptocurrency industry. We work with businesses and investors around the world. Moreover, our crypto tax attorneys have the experience you need to remain both profitable and compliant.

If you’re unsure about your filing requirements, don’t wait. Give us a call at (847) 580-1279 today!

Are Cryptocurrencies Considered Foreign Currency? (2024)

FAQs

Is crypto considered foreign currency? ›

In Notice 2014-21, the IRS announced its position that cryptocurrencies constitute property for tax purposes, rather than foreign currency, and observed that while cryptocurrency may operate like “real” currency in some environments, it “does not have legal tender status in any jurisdiction.” El Salvador's adoption of ...

Is cryptocurrency considered currency? ›

Despite the term that has come to describe many of the fungible blockchain tokens that have been created, cryptocurrencies are not considered to be currencies in the traditional sense, and varying legal treatments have been applied to them in various jurisdicitons, including classification as commodities, securities, ...

Why is cryptocurrency better than regular currency? ›

Cryptocurrencies are a portrayal of a brand-new decentralization model for money. They also help to combat the monopoly of a currency and free money from control. No government organizations can set the worthiness of the coin or flow, and that crypto enthusiasts think makes cryptocurrencies secure and safe.

Why are cryptocurrencies not considered money? ›

Cryptocurrencies have no legislated or intrinsic value; they are simply worth what people are willing to pay for them in the market. This is in contrast to national currencies, which get part of their value from being legislated as legal tender.

What is the difference between foreign exchange and cryptocurrency? ›

Forex is an established trading market, known for liquidity and earning potential. Crypto offers new opportunities with high volatility and extended market hours. Your risk tolerance, trading experience, and goals will determine which is best for you.

Does anyone use crypto as currency? ›

These findings confirm 2022 data from the US Federal Reserve, showing just 2% of the adult US population made a payment using a cryptocurrrency, and Sweden's Riksbank, showing less than 1% of Swedes made payments using crypto.

What is crypto considered as? ›

Cryptoassets are a type of digital asset. The most common examples are Bitcoin and Ethereum, which are also called cryptocurrency, but there are hundreds of different types. Non-fungible tokens (NFTs) are another type of cryptoasset.

Can crypto be classified as money? ›

Cryptocurrencies are a form of digital money and do not have physical substance. Therefore, the most appropriate classification is as an intangible asset.

Will crypto be used as currency? ›

Between the volatility ofbitcoin pricesand the high fees required to trade coins between parties, it's not economically feasible to use it as money given current circ*mstances. For these reasons, crypto skeptics say bitcoin won't ever become a fiat currency like the USD.

Can you convert crypto to cash? ›

Yes, Bitcoin can be converted into cash by selling it on a cryptocurrency exchange or through peer-to-peer transactions. You can also transfer Bitcoin to another person or wallet by sending it to their Bitcoin address.

What is the downside of cryptocurrency? ›

The advantages of cryptocurrencies include cheaper and faster money transfers and decentralized systems that do not collapse at a single point of failure. The disadvantages of cryptocurrencies include their price volatility, high energy consumption for mining activities, and use in criminal activities.

What is the difference between currency and cryptocurrency? ›

Federal currencies are physically exchanged using coins or notes. In contrast, cryptocurrencies do not have any physical form. It is a digital medium of exchange with encrypted codes. It is intangible.

Is crypto currency a real currency? ›

Instead of being physical money carried around and exchanged in the real world, cryptocurrency payments exist purely as digital entries to an online database describing specific transactions. When you transfer cryptocurrency funds, the transactions are recorded in a public ledger.

Why crypto cannot be a currency? ›

Bitcoin Cannot Be Regulated

Fiat currency is backed by the full faith and credit of a government. This means that governments promise to make a currency borrower whole in case of a default.

Is cryptocurrency an asset or currency? ›

Cryptocurrency (or virtual currency) is likely the most well-known type of crypto asset. Cryptocurrency is a digital currency or medium of exchange. It can be used: To exchange for products or services, like fiat currency (such as Canadian dollars or US dollars)

Is crypto currency international? ›

Key Takeaways. The cryptocurrency Bitcoin has raised financial concerns for governments worldwide. Despite its use for buying goods and services, there are still no uniform international laws that regulate Bitcoin. Many developed countries allow Bitcoin to be used, such as the U.S., Canada, and the U.K.

Is crypto considered forex? ›

Forex trading involves trading fiat currency pairings, while crypto trading involves trading digital currencies. Your choice between forex and crypto trading should be based on your financial goals, risk tolerance, and understanding of each market.

Is crypto a foreign investment? ›

Key Takeaways. The regulation of cryptocurrencies remains in an unsettled state. The wise cryptocurrency investor should consider reporting their holdings as foreign assets, although the requirements remain unclear. One fact is definite: Profits in cryptocurrency trading are taxable as capital gains in the U.S.

Is a crypto wallet a foreign account? ›

Virtual currency or foreign currency is not included in the above definitions of a specified foreign financial asset. Frequently, crypto accounts are not even held with financial institutions. Furthermore, cryptocurrency is not considered currency at all for purposes of the Internal Revenue Code.

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