Proposed Regulations
The U.S. Department of the Treasury and the IRS have recently issued proposed regulations. These regulations would require brokers who facilitate transactions involving digital assets to report information to the IRS by customers.
Besides collecting information about digital assets transactions, the IRS also intends with these proposed regulations to:
- provide clarity,
- provide guidance for taxpayers who engage in sales or exchanges of digital assets,
- the IRS is also looking to improve compliance among high-income taxpayers who may have underreported or evaded taxes on their digital asset transactions.
Form 1099-S
Starting from January 1, 2025, the real estate professionals who are considered brokers for digital asset dispositions, will be required to report any digital assets used by buyers to purchase real estate. Furthermore, real estate professionals can be:
- title companies,
- closing attorneys,
- mortgage lenders,
- real estate brokers.
These professionals will need to report the fair market value of any digital assets given to sellers in real estate transactions on Form 1099-S for deals closed on or after this date.
Form 1099-DA
Brokers will need to report the gross proceeds from the sales or exchanges of digital assets starting on or after January 1st, 2025 on a new form called Form 1099-DA. In addition, the brokers would provide payee statements to their customers.
In some circumstances, the brokers would be required to include on these forms 1099-DA and statements the gain or loss and also the basis information for sales that occur on or after January 1st, 2026 and provide them to the customers, so they can have the information in order to prepare their tax returns.
Conclusions
If you have digital assets transactions, in addition to making sure you do the proper reporting on your tax return, you also need to be on the look out for these forms that you should receive starting with 2025.
In the meantime, if you need tax and accounting services, we are here to help. We serve small businesses and real estate investors. Click here to schedule an appointment.
This material is for informational purposes only. It does not constitute tax, legal or accounting advice.