TaxBit and MIAXdx have teamed up to answer taxpayers’ most frequently asked questions when reporting taxes on their cryptocurrency transactions.
MIAXdx offers Bitcoin mini options, swaps and futures; and Ethereum Deci options and swaps. You can trade using mini/deci contracts that were designed to provide individual investors access to bitcoin and ethereum derivatives.
The information below is intended as a broad overview of tax issues related to derivatives. Any information contained herein is not intended to be tax advice and should not be considered as such. Tax laws and regulations surrounding derivatives are subject to change.
Please seek independent professional tax advice to make sure you are in compliance with your tax obligations.
Frequently Asked Tax Questions
Who Receives a Form 1099-B?
If you sell a capital asset through a broker, you should expect to receive a Form 1099-B. Form 1099-B is primarily used to report gains or losses in connection with dispositions of capital assets. Currently, the IRS classifies cryptocurrency as property, which is considered a capital asset.
Why is a Form 1099-B Important to the Recipient?
The importance of a Form 1099-B, and information contained on that form, is directly related to the upstream preparation of your Form 8949 and Form 1040, Schedule D.
Specifically, a Form 1099-B assists with determining an account holder’s capital gains taxes. When an account holder sells a capital asset for more than it cost at the time of acquisition, the profit is treated as a capital gain and may be taxable. However, if you sell a capital asset for less than the cost at acquisition, there is a capital loss. Capital losses potentially could be used to reduce other taxable capital gains.
What Information is on a Form 1099-B?
Form 1099-B provides important information related to capital asset transactions facilitated by a broker. The information includes, but isn’t limited to the following:
- Description of the capital asset
- Date the asset was purchased or acquired
- Date the asset was sold and/or disposed
- Gains and/or losses calculated at the time of the transaction
- Classification of gains and losses as short-term or long-term
- Any related federal tax withheld at the time of the transaction
The official IRS copy of a Form 1099-B looks like this:
It’s very common for institutions to utilize a composite Form 1099-B, which appears similar to a brokerage statement, and is a consolidated copy of all capital asset transactions for the calendar year. A composite Form 1099-B will have all of the applicable individual boxes displayed on the official Form 1099-B.
The preparation of the Form 8949 is directly related to the information provided on the Form 1099-B, and the preparation of the Schedule D is directly related to the information on the Form 8949.
The Form 8949 and the Form 1040, Schedule D look like this:
If we were to show how cost basis is used for calculating gains or losses for tax purposes, it would look like this:
Proceeds - Cost basis = Gains or Losses
Example: You buy 1 BTC on January 1st for $10,000. Four weeks later, you sell that 1 BTC for $12,000. You've realized a gain of $2,000. Your cost basis was $10,000, your disposal value was $12,000.
Please note that this requirement could change depending on the anticipated IRS regulations in response to the Infrastructure Bill. For more information on the Infrastructure Bill and the corresponding tax and reporting implications please see TaxBit’s article on how the Infrastructure Bill will impact information reporting for the crypto industry.
A common question that arises during a crypto transaction is “How do I calculate the cost basis?” When you sell property, existing tax regulations require you to apply the cost basis of that specific property against the proceeds received to calculate your gain or loss. However, this isn’t possible for fungible property like crypto because it lacks a specific identifier for each unit that could be used to specifically track when the unit was purchased and when that same unit was sold.
The IRS takes a similar approach to cryptocurrency cost basis as traditional equities and allows two methods for calculating cost basis when disposing of virtual currency:
- First-in, First-Out (FIFO)
- Specific Identification
What is FIFO?
First-in, First-out (FIFO) is a method of assigning the cost basis where the oldest unit of crypto you own is sold or disposed of first.
What is Specific Identification?
Specific Identification permits a taxpayer to identify which units of crypto are being sold in a particular transaction. Under Specific Identification, a taxpayer can elect to dispose of higher cost basis assets first, which allows for greater tax optimization, but the IRS imposes additional requirements to use this method.
It’s important to note, IRS FAQ 40 explicitly requires a taxpayer using Specific Identification to have "records showing the transaction information for all units of a specific virtual currency… held in a single account, wallet, or address.”
You can’t utilize Specific Identification with cost basis and sale proceeds for crypto from different wallets or exchanges; Specific Identification can only be utilized with transactions from the same wallet or exchange.
Additionally, to use Specific Identification, you must have complete records including:
- Date and time each unit was acquired
- Cost basis and value of each unit when it was acquired
- Date and time each unit was sold or disposed of
- Value of each unit when it was sold or disposed of
It’s important to note, IRS FAQ 40 explicitly requires a taxpayer using Specific Identification to have "records showing the transaction information for all units of a specific virtual currency… held in a single account, wallet, or address.”
You can’t utilize Specific Identification with cost basis and sale proceeds for crypto from different wallets or exchanges; Specific Identification can only be utilized with transactions from the same wallet or exchange.
Additionally, to use Specific Identification, you must have complete records including:
- Date and time each unit was acquired
- Cost basis and value of each unit when it was acquired
- Date and time each unit was sold or disposed of
- Value of each unit when it was sold or disposed of
Your 2023 Tax documents will be available to download directly on the platform.
You can access your tax documents at app.ledgerx.com/profile/documents or follow these steps:
1. Login and go to Settings on the left-hand pane
2. Click Profile >Documents
3. Click "Download" to download your 1099 tax form
Note: Fair Market Valuation for 2023 Contracts will also be found on app.ledgerx.com/profile/documents
Tax Scenarios
The scenarios below represent the most commonly asked questions that MIAXdx receives, and are not inclusive of all trading scenarios. For a detailed understanding of the various tax consequences related to cryptocurrency options please consult with your tax advisor as MIAXdx is limited on the tax advice that can be opined on.
Taxability of Options
Options on MIAXdx
MIAXdx options are European-style options that are only exercisable at expiration. When you buy an option, you have three choices at expiration: exercise, sell your option or do nothing and let it expire. There is no auto-exercise on MIAXdx, meaning you must submit instructions to exercise. If you do not submit instructions, your options will expire worthless even if they are in-the-money (ITM).
MIAXdx options contracts are treated as “Section 1256 Contracts” under IRC Section 1256. Customers will be provided with an aggregated Form 1099-B as well as a supporting file which will explain the details of the option contract, proceeds, cost basis (where available), and gains and/or losses at a transaction level.
Your realized and unrealized gains and losses from Section 1256 options contracts can be found in Boxes 8 through 10 of your Form 1099-B. Any gains or losses recognized from Section 1256 contracts are treated as 60% long term and 40% short term capital gains.
Please note that option contracts that remain open at year-end will not appear on the supporting documentation.
Please contact your tax advisor to understand additional tax implications resulting from a 1256 Option Contract.
Closed position in 2023
Sept 1 | Investor writes BTC Nov 25K call, receives premium |
Oct 30 | Investor buys back the BTC Nov 25K call, pays premium |
Tax Treatment: Taxable gain or loss
Option Assigned in 2023
Sept 1 | Investor writes BTC Nov 25K call, receives premium |
Nov 30 | The BTC Nov 25K call is assigned (ITM). BTC Market price is 50K |
Tax Treatment: Taxable gain or loss
Option Expires Worthless 2023
Sept 1 | Investor writes BTC Nov 75K call, receives premium |
Nov 30 | The BTC Nov 75K call is assigned (OTM). BTC Market price is 50K, option expires worthless |
Tax Treatment: Taxable as gain or loss
Option open at end of 2023
Sept 1 | Investor writes BTC June 2023 75K call, receives premium |
Dec 31 | BTC market price is 50K. Call is open at end of year |
Tax Treatment: Not taxable. There is no taxable action until the option is bought back, exercised or expired.
Closed position in 2023
Sept 1 | Investor writes BTC Nov 50K put, receives premium |
Oct 30 | Investor buys back the BTC Nov 50K put, pays premium |
Tax Treatment: Taxable as gain or loss
Option Assigned in 2023
Sept 1 | Investor writes BTC Nov 75K put, receives premium |
Nov 30 | The BTC Nov 75K put is assigned. BTC Market price is 50K |
Tax Treatment: Taxable as gain or loss
Option Expires Worthless 2023
Sept 1 | Investor writes BTC Nov 25K put, receives premium |
Nov 30 | The BTC Nov 25K expires worthless |
Tax Treatment: Taxable as gain
Option open at end of 2023
Sept 1 | Investor writes BTC June 2023 50K put, receives premium |
Dec 31 | BTC market price is 25K. Put is open at end of year |
Tax Treatment: Not taxable. There is no taxable action until the option is exercised or expired.
Closed position in 2023
Sept 1 | Investor buys BTC Nov 25K call, pays premium |
Oct 30 | Investor sells BTC Nov 25K call, receives premium |
Tax Treatment: Taxable as gain or loss
Option Assigned in 2023
Sept 1 | Investor buys BTC Nov 25K call, pays premium |
Nov 30 | The BTC Nov 25K call is exercised. BTC Market price is 50K |
Tax Treatment: Taxable as gain or loss with additional tax consequences for the underlying asset which will vary depending on a call versus a put.
Option open at end of 2023
Sept 1 | Investor buys BTC June 2023 25K Call, pays premium |
Dec 31 | BTC Market price is 50K, call is open at end of year |
Tax Treatment: Taxable as gain. *Note, this is a special consequence from being a Section 1256 contract. The contract is deemed sold and gain or loss is recognized at the end of year, which is what is commonly called “mark to market.” The unrealized gain or loss which can be found in Box 10 will be reversed in the following year in Box 9.
Taxability of Futures
Futures on MIAXdx
MIAXdx mini futures enable you to enter into a contract to buy or sell BTC at an agreed-upon price at a future date - but the price is set when you enter into the contract.
Sept 1 | Investor buys BTC Future |
Dec 31 | The BTC Future is exercised and BTC is Purchased |
Tax Treatment: Not taxable. The purchase of crypto alone is not a taxable event.
Sept 1 | Investor writes a BTC Future |
Dec 31 | The BTC Future is exercised and investor sells BTC |
Tax Treatment: Taxable as gain or loss - specific to the asset (i.e. BTC)
Sept 1 | Investor buys a BTC Future |
Nov 1 | Investor sells the BTC Future |
Tax Treatment: Taxable as gain or loss - specific to the future contract and not the asset (i.e. BTC)
Sept 1 | Investor writes a BTC Future |
Nov 1 | Investor buys back the BTC Future |
Tax Treatment: Taxable as gain or loss
Taxability of Swaps
Swaps on MIAXdx
MIAXdx next day swaps allow you to buy and sell bitcoin.
Sept 1 | Investor buys a Next Day BTC Swap at 3:30 pm ET |
Sept 1 | At 4:00 pm ET, the Next Day BTC Swap is exercised and BTC is purchased |
Tax Treatment: Not taxable. The purchase of crypto alone is not a taxable event.
Sept 1 | Investor writes a Next Day BTC Swap at 3:30 pm ET |
Sept 1 | At 4:00 pm ET, the Next Day BTC Swap is exercised and investor sells BTC |
Tax Treatment: Taxable as gain or loss
Taxability of Fees
Withdrawal Fees
Crypto Withdrawals from the MIAXdx exchange incur fees. These fees are subtracted from the BTC/ETH withdrawn. Gain or loss on payment of fees in BTC/ETH is equal to the fair market value of the amount BTC/ETH used to pay the fee at time of payment, minus the basis in the BTC/ETH used to pay the fee. Proceeds from these transactions are reported in Box (1d).