Valuation of Cryptocurrencies and ICO Tokens for Tax Purposes

Date

2019

Journal Title

Journal ISSN

Volume Title

Publisher

Estate Planning and Community Property Law Journal

Abstract

Cryptocurrency coins and ICO tokens are a new type of digital asset. Because they are also traded on new types of exchanges and there is little or uncertain regulation of trading and pricing activity, there is limited and inadequate guidance regarding their valuation for tax purposes. In most cases, it will be necessary to consider the issues by way of analogy to existing valuation guidance under federal estate tax law. Moreover, the value of their related private keys and the consequences of forks and drops on both valuation and taxation are significant. Laws and regulatory guidance are critically needed to provide certainty and consistency. The technological details must be understood by practitioners at some level of detail to understand the valuation challenges and likely results. Additionally, scams and other market developments that are adversely affecting the ability to obtain clear valuations must be considered. It is hoped that additional developments and guidance are forthcoming that will be relevant in determining the fair value of cryptocurrency coins and ICO tokens for tax purposes.

Description

Rights

Rights Availability

Keywords

Cryptocurrency, ICO token, Valuation of cryptocurrency for tax purposes, Virtual currency, Value, Digital assets, Digital assets of decedents, Federal Estate Tax Rules for Intangible Assets, Intangible assets, Forks and drops, Taxation issues with forks and drops, Valuation and forks

Citation

12 Est. Plan. & Cmty. Prop. L. J. 25