New crypto tax reporting obligations took effect on Jan 1.
If you receive $10k or more in crypto you now have an obligation to report the transaction (including names, addresses, SS numbers, etc.) to the IRS within 15 days under threat of a felony charge.
We sent a reponse letter to Sen. Warren's demand that Coin Center disclose if we employ former federal officials "to undermine bipartisan efforts in Congress"
Here is Coin Center's new, full analysis of the Tornado Cash action by OFAC. Bottom line: We believe that OFAC has overstepped its legal authority and are exploring a court challenge.
The message I take from this EO is that the federal government sees cryptocurrency as a legitimate, serious, and important part of the economy and society, and I think it’s a good signal to serious people who’ve been holding back from getting involved.
Coin Center received the same impertinent letter from Elizabeth Warren as the BA and Coinbase. Read it for yourself to see what a bullying publicity stunt it is.
Today Coin Center filed suit in federal district court against the Treasury Department in a facial constitutional challenge to the amendment of Section 6050I of the Tax Code that was part of the Infrastructure Investment and Jobs Act passed last summer.
Well, the EO is just further affirmation that when serious officials take a sober look at crypto, the reaction is not to light their hair on fire, but instead to recognize it as a innovation that the U.S. will want to foster and lead while mitigating obvious risks.
Today’s action does not seem so much as a sanction against a person or entity with agency. It appears instead to be the sanctioning of a tool that is neutral in character and that can be put to good or bad uses like any other technology.
So, Coin Center looks forward to engaging with the various agencies now tasked with studying and planning on the issues we’ve spent nearly a decade working on, as well as engaging with thought legislative proposal from serious leaders in Congress.
The EO also presents another striking contrast with alarmist politicians and media in that it is ultimately a call for further study and deliberate planning, not a reactive rush to legislate or regulate.
2/ Not only are we fighting for privacy rights, but if this precedent is allowed to stand, OFAC could add entire protocols like Bitcoin or Ethereum to the sanctions list in future, thus immediately banning them without any public process whatsoever. This can't go unchallenged.
Forcing citizens to collect highly intrusive information about other citizens, and report it to the government without a warrant, is unconstitutional under the Fourth Amendment.
We intend to win this challenge even if it’s necessary to go to the Supreme Court, and we’ll keep you posted as the case unfolds. You can read more about our suit here.
3/ We intend to win this challenge even if it’s necessary to go to the Supreme Court, and we’ll keep you posted as the case unfolds. You can read more about our suit here.
1/ I’m sorry to have to say that Coin Center's case challenging Congress’s expansion of Section 6050I of the tax code was dismissed as unripe by the district court.
This is the 6050I law that Coin Center challenged in federal court and our case is in appeals. Unfortunately for the time being there is an obligation to comply – but it's unclear how one can comply.
The existing form for "cash" transactions isn't applicable, and there are many…
In the background of this narrative fog, you could find statements from the professionals at Treasury and the White House on the front lines of crypto issues consistently saying that while it presents certain risks, they can be mitigated and that the tech holds great promise.
The bipartisan Digital Asset Anti-Money Laundering Act, introduced today by Sens. Warren and Marshall, is the most direct attack on the personal freedom and privacy of cryptocurrency users and developers we’ve yet seen. We explain here:
Today Coin Center published a just-the-facts explainer on how Tornado Cash works. In researching it we found yet another way in which OFAC's designation of immutable smart contracts likely exceeds its statutory authority.
Glad to see the IRS has belatedly listened to us and recognized the impossibility of complying with 6050I using crypto, but its statement on the matter is baffling. They state that the new crypto reporting obligations in the Infrastructure Investment and Jobs Act “requires the…
Over the past couple of weeks, we’ve seen a variety of politicians, media, and consultants (who are often former officials from two or three administrations ago) drive a narrative that crypto is not just useless but dangerous and should be seriously restricted.
And demanding that politically active organizations (like Coin Center) create and report lists of their donors’ names and identifying information to the government is unconstitutional under the First Amendment.
3/ This law will apply to all of us in six months, so time is of the essence, and we’ll be appealing to the Sixth Circuit right away. To learn more, read our original post explaining what's at stake:
I'm seeing some folks sound an all-hands-on-deck red alert on this new Warren bill. While it's terrible, I don't think it's time to hit the panic button yet.
That provision will require individuals and businesses who receive $10,000 or more in crypto to report to the government not just the name of who sent them the funds, but that person’s date of birth and Social Security number as well.
Over the past few days there have been a number of attacks on non-custodial crypto services.
- the Samourai Wallet indictment, which we believe includes some questionable charges
- the government’s response in the case against Tornado Cash’s developers, which specifically…
One thing I'm having a hard time understanding is, suppose all of SBF's investment in DC had paid off, and he'd gotten a deal with the SEC or a bill that provided for CFTC oversight over FTX, then what? They'd discover the hole and the malpractice, no? What was the endgame in DC?
Was briefing Senate staffers on Tornado Cash today and during the call I looked up and pasted into chat a link to the GitHub repository for the command-line interface app for TC to show that one can use the smart contracts directly without a web interface.
And while I have your attention, let me direct it to something perhaps more interesting. Also yesterday we filed our appellate brief in our suit against OFAC over Tornado Cash. We’re proud of it and hope you’ll read it to see the kind of work your support makes possible:…
A few minutes later, during the call, that page was taken down. All the page had on it was code. Speech. Sure helped illustrate what is at stake here.
I really hope devs in the community will work to get the coded mirrored somewhere else. Please let me know if this is happening.
When people say Bitcoin is a battery, they mean that figuratively, right? Not that it is literally stored energy that can be used to power a toaster, right? Honest question. Just heard someone make a claim on a podcast that is making me question my assumption.
2/ This law take effect on Jan 1, 2024, and will require citizens who are recipients of crypto payments of $10,000 or more to report to the government not just the transaction, but the PII of the sender as well–all without a warrant.
We've been trying to sound the alarm on 6050I since Nov 2021 (we filed the court case in June 2022) and are somewhat amused that folks are getting it now. :) Here's a twist I find especially amusing that you all might appreciate now:
If two day traders exchange crypto A for…
@TheCryptoCPA
The obligation applies to *individuals* if they receive $10k+ in the course of their trade or business, not just "businesses." So, if I'm a miner (even as an individual) I'm covered. Also, if I'm a day trader (even as an individual) I'm covered. If I'm an NFT artist it would also…
She says the public “deserves transparency” but the implication of that view is that nonprofits deserve no privacy from government intrusion. Surely she would see the problem in this if a right-wing senator sent as bullying a letter demanding ‘transparency’ from a progressive…
It does not have bipartisan support, doesn't seem like it will be attached to anything 'must-pass', and flies in the face of what experts and the Administration recommend. I don't see it moving for now. Will let you know if anything changes.
We've looked at the new bill by
@SenJackReed
,
@SenatorRounds
,
@SenatorWarner
,
and
@SenatorRomney
that would extend sanctions penalties and AML obligations to developers of decentralized protocols. It's unconstitutional and ill-considered. Our analysis:
The Stablecoin TRUST act introduced by
@SenToomey
today includes a provision to limit warrantless surveillance of all crypto transactions. Thank you Sen. Toomey!
1/ The Virtual Currency Tax Fairness Act was introduced with bipartisan sponsors in the Senate today. This is a companion to a bill with the same name that has been introduced in the House the last four congresses.
In a recent speech, Gary Gensler said crypto exchanges should register with, and be regulated by, the SEC because they are *probably* listing securities.
I address that idea in the new issue of my newsletter, which you can read subscribe to here:
Congratulations to Chair
@PatrickMcHenry
on passing the Financial Innovation and Technology for the 21st Century Act out of HFSC on a bipartisan basis. There's a lot of good in the bill-most importantly it honors the rights of individuals to write and use cryptocurrency software.
SCOOP: The Biden administration will press Congress to include a requirement for crypto exchanges to firewall customer funds from their own corporate funds in case of bankruptcy in any legislation on crypto.
@jesseahamilton
reports
Coin Center received the same impertinent letter from Elizabeth Warren as the BA and Coinbase. Read it for yourself to see what a bullying publicity stunt it is.
I think people are massively discounting the likelihood that Elon will act as erratically about free speech in the future as he does about everything else.
SEC's proposed rule to change the definition of "exchange" in the ATS Rule is "Unpublished but scheduled to be published TOMORROW."
Comments due in 30 days --> Sunday, April 17 which means Friday, April 15 to be safe.
#crypto
This is everyone who would be subject to sanctions under Sen. Warren's new bill. Would include miners, node operators, smart contract developers, etc. This is unnecessary, overbroad, and unconstitutional.
Just wanted to say how proud I am to work with
@valkenburgh
. If you haven’t already, read his comment showing the SEC’s proposed stealth regulation of DEX is unconstitutional, setting up a court challenge if the rule becomes final. Brilliant and right.
@NanduMadhava
@TheStalwart
@NeerajKA
@coincenter
No. We advocate for the rights of people to build and use crypto, not particular uses of crypto, which more often than not are pretty dumb.
I disapprove of your ape, but I’ll defend to the death your right to slurp juice it.
I worry that Sen. Warren will introduce a bill based on the shelved, last-minute rulemaking that former Treasury Secretary Steven Mnuchin tried to ram through at the end of the Trump Administration, and that's the subject of my newsletter this week.
@marquisdecalmes
@coincenter
This just came out. We need some time to understand the full implications. But if speech and privacy tech is being banned without due process, don’t see how that can’t be challenged.
Glad to see
@EFF
will work with OFAC to clarify TC designation doesn’t mean it’s illegal to publish code.
Coin Center is committed to establishing that OFAC exceeded its authority by sanctioning immutable smart contracts in the first place, even if we have to take OFAC to court
There are a lot of thorny issues around the OFAC/Treasury sanctioning of an open source project, and what it means for freedom of speech. To help figure those out, the EFF has agreed to represent me.
@Dennis_Porter_
@ewarren
It is not time to call Congress. This is not a moment to pull the red alert lever. This bill, as it stands, so obviously lacks support that it likely won't move. Let's not cry wolf.
Thank you to
@GOPMajorityWhip
for re-introducing today the Blockchain Regulatory Certainty Act, which would make sure that non-custodial actors in crypto are never the subject of regulation.
I’m glad to see folks taking to court the arguments re Tornado Cash that Coin Center has been developing. The complaint filed today in the Western District of Texas is very well done. We continue to work on our own effort.
Here's first lawsuit over Tornado Cash sanctions.
Case is a big deal for crypto industry and the freedom to use code. Coinbase is funding the lawsuit. tip
@Techmeme
@Dennis_Porter_
@ewarren
If you aggressively oppose *any* attack by Warren you will exhaust the community with a red alert every week and for no good reason because the vast majority of her attacks will amount to nothing. We need the community to know that when we call, it really matters.
Thanks to
@laurashin
for having me on her podcast to discuss why we think OFAC may have overstepped its authority by adding certain Tornado Cash smart contract addresses to the sanctions list.
.
@RepMaxineWaters
: "Central Bank Digital Currencies have the potential to harness the efficiency of cryptocurrencies while providing the security and stability of the U.S. dollar backed by full faith and credit of the federal government."
We've digested the SEC v. Ripple decision and the commentary surrounding it and recorded an episode of Tangents to analyze the opinion and give our take.
The Lummis-Gillibrand bill introduced this week would create a regulatory framework for stablecoins, which is a laudable effort. Unfortunately, it includes a ban on "algorithmic payment stablecoins" that would stifle innovation and violate free speech rights under the First…
And now for some good news. While some members of Congress are gunning for non-custodial uses of crypto, others are working to protect it. This bill would create a safe harbor from state licensing requirements for non-custodial entities. Thank you
@RepTomEmmer
Probably a good time to re-up my bipartisan Blockchain Regulatory Certainty Act.
The bill asserts that blockchain entities that never custody consumer funds are not money transmitters… providing necessary legal certainty to ensure the future of crypto reflects American values.
Bottom line, not only do we think Judge Torres's opinion is generally correct, we're glad to see she employed the same analysis of Howey that Coin Center has been advocating for almost 10 years: a token can be the subject of a securities offerings without being a security itself.
FinCEN's new proposed application of special measures on crypto assets is incredibly overbroad as FinCEN itself admits. This is problematic to say the least. Makes me despair for the rule of law. We're digesting and will certainly be filing a comment.
Also interesting to note that this claim that the law “requires the Treasury Department to issue regulations before it goes into effect” is in the press release accompanying the official Announcement. The official Announcement doesn’t make any such claim. Instead it just says…
@DavidZell_
The downside on the part of the community is not just burnout, but wolf-crying – i.e. they may not listen when it *really* is time to activate. On the part of Congress, if they're constantly bombarded by calls on every crypto bill, they will start to discount our voice.