Cost Basis and Capital Gains Tax Rules When Selling Inherited Cryptocurrency - 2024 - FEDERAL LAWYERS [2024] (2024)

Cost Basis and Capital Gains Tax Rules When Selling Inherited Cryptocurrency

Contents

  • 1 Cost Basis and Capital Gains Tax Rules When Selling Inherited Cryptocurrency
    • 1.1 Determining the Cost Basis of Inherited Crypto
    • 1.2 Calculating Capital Gains on Inherited Crypto
    • 1.3 Using the FIFO Method for Inherited Crypto
    • 1.4 Reporting Capital Gains on Inherited Crypto
    • 1.5 Tax-Free Gifting of Cryptocurrency
    • 1.6 Avoiding Crypto Tax Pitfalls
    • 1.7 References

Hey there! Dealing with cryptocurrency taxes can be super confusing, am I right? Especially when it comes to inherited crypto. Don’t worry – I’m here to walk you through the key tax rules and help make sense of this complex topic.

Cost Basis and Capital Gains Tax Rules When Selling Inherited Cryptocurrency - 2024 - FEDERAL LAWYERS [2024] (1)

First things first: The IRS treats cryptocurrency as property for tax purposes, not as currency[1]. That means when you sell or exchange crypto, it can generate either capital gains or capital losses – just like when you sell stocks or real estate.

Now, when you inherit cryptocurrency, you also inherit the cost basis of the person who gifted it to you[1]. This cost basis is important because it will determine how much capital gains tax you owe when you eventually sell the crypto.

Determining the Cost Basis of Inherited Crypto

The cost basis of inherited cryptocurrency is generally the fair market value on the date of the original owner’s death[1]. So if Uncle Joe bought 1 Bitcoin for $5,000 and gifted it to you when it was worth $50,000, your cost basis would be $50,000.

It gets trickier if the original owner didn’t purchase their crypto – say they received it through mining or as payment for goods/services. In that case, your inherited cost basis is entirely dependent on the fair market value on the day the original owner died[2].

The executor of the estate should provide you documentation detailing the cost basis of any inherited cryptocurrency. If not, you may need to do a bit of research on historical exchange rates to determine the fair market value on the date of death[3].

Cost Basis and Capital Gains Tax Rules When Selling Inherited Cryptocurrency - 2024 - FEDERAL LAWYERS [2024] (2)

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Cost Basis and Capital Gains Tax Rules When Selling Inherited Cryptocurrency - 2024 - FEDERAL LAWYERS [2024] (3)

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2024-03-18

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2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

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2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

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Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!

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2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

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2024-03-12

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2024-02-28

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2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way.Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me.I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence.Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Calculating Capital Gains on Inherited Crypto

Once you know your inherited cost basis, you can calculate capital gains when you sell the crypto. It’s simple:

  • Selling Price – Cost Basis = Capital Gain

For example, say you inherited 1 Ethereum from Grandma with a cost basis of $1,000. You later sold that 1 Ethereum for $3,000. Your capital gain would be $3,000 – $1,000 = $2,000.

One important thing to note – inherited cryptocurrency always gets long-term capital gains treatment, no matter how quickly you sell it after inheriting. Long-term capital gains tax rates are 0%, 15% or 20% depending on your income[4].

Using the FIFO Method for Inherited Crypto

Let’s say Grandpa didn’t just gift you 1 Ethereum, but rather his entire Ethereum wallet containing crypto purchased at different times and different prices.

In this case, you need to identify which specific Ethereum were sold to accurately calculate capital gains. The IRS requires using the FIFO (First In, First Out) method[5].

So the Ethereum with the earliest purchase date would be considered the first sold, followed by the next oldest, and so on. Each lot sold has its own individual cost basis and capital gain.

This can get super complex if the inherited wallet contains tons of crypto purchased across many dates. But just take it slow and match up purchases and sales by date as best as you can.

Reporting Capital Gains on Inherited Crypto

Cost Basis and Capital Gains Tax Rules When Selling Inherited Cryptocurrency - 2024 - FEDERAL LAWYERS [2024] (11)

Cost Basis and Capital Gains Tax Rules When Selling Inherited Cryptocurrency - 2024 - FEDERAL LAWYERS [2024] (12)

You must report any capital gains from selling inherited cryptocurrency on IRS Form 8949. The totals from Form 8949 get carried over to Schedule D and then to your Form 1040[6].

Don’t forget – you can claim up to $3,000 in net capital losses each year to offset regular income. Any remaining losses carry forward to future tax years.

It’s generally wise to consult a tax pro if you’ve inherited a large or complex crypto portfolio. An expert can help ensure you accurately calculate cost basis, capital gains, and loss carryovers.

Tax-Free Gifting of Cryptocurrency

Let’s shift gears and talk about gifting crypto while you’re still alive. This can be a smart way to transfer wealth to loved ones without triggering income or capital gains taxes.

The IRS allows you to gift up to $16,000 per person per year in cryptocurrency without needing to file a gift tax return. And the recipient inherits your cost basis, so no taxes are due on the transfer.

You can gift amounts over $16,000 as well. You just need to file a gift tax return, but still won’t owe any gift tax until the lifetime exemption of $12.06 million is exceeded.

One word of caution – the IRS may scrutinize cryptocurrency gifts more heavily to ensure they are true gifts, not disguised sales. So be sure to fully transfer ownership and control to the recipient.

Avoiding Crypto Tax Pitfalls

Hopefully this gives you a solid grounding on the key tax rules for inherited cryptocurrency. Just remember these key points:

  • Inherited crypto gets a cost basis equal to the fair market value on the date of death
  • Selling inherited crypto triggers long-term capital gains (or losses)
  • Use the FIFO method if selling from an inherited wallet
  • Report capital gains on Form 8949 and Schedule D
  • Lifetime gifts under $16,000 are tax-free

Cryptocurrency tax law is complex and still evolving. So be sure to consult a tax pro if you have questions or a particularly complicated crypto inheritance situation.

The last thing you want is to run afoul of the IRS and end up with penalties for incorrect reporting. A tax professional can help ensure you stay compliant, report accurately, and maximize your tax savings.

I hope this overview gives you confidence in handling cryptocurrency inheritance and taxes. Reach out anytime if you need help getting a handle on your specific crypto tax scenario!

References

[1] https://www.bankrate.com/investing/crypto-taxes-guide-bitcoin-ethereum/

[2] https://www.coindesk.com/learn/crypto-capital-gains-and-tax-rates-2022/

[3] https://koinly.io/cryptocurrency-taxes/

[4] https://www.irs.gov/individuals/international-taxpayers/frequently-asked-questions-on-virtual-currency-transactions

[5] https://www.kiplinger.com/investing/making-a-killing-in-cryptocurrency-theres-a-tax-on-that

[6] https://www.schwab.com/learn/story/cryptocurrencies-and-taxes-what-you-should-know

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Cost Basis and Capital Gains Tax Rules When Selling Inherited Cryptocurrency - 2024 - FEDERAL LAWYERS [2024] (2024)
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