A common misconception is that there isn’t a taxable disposal until you sell crypto for fiat but this is not correct.
Taxable events include selling cryptoassets for fiat, trading/swapping cryptoassets, gifting cryptoassets (except to a spouse or civil partner), and spending cryptoassets. DeFi lending and staking transactions can also create taxable disposals on going in and out of the positions.
You will currently pay 10% or 20% capital gains with the rate being dependent on your total income level. If you are a higher rate tax payer you will pay 20%. There is also a capital gains tax free allowance available. The allowance for 2023/24 is £6,000 and for 2024/25 is £3,000.
You are entitled to deduct your losses as long as they have been correctly and timely claimed. Most people will usually be chargeable to capital gains tax providing they are not considered to be carrying out a trading business.
There are complex pooling and matching rules that are used to calculate the acquisition costs to use against each disposal.
Fees and costs incurred as part of acquiring, enhancing or selling assets are also deductible.
There are occasions where certain actions do not give rise to a tax liability. These include acquiring cryptoassets with fiat, holding cryptoassets where they are not swapped for fiat or to another cryptoasset/any other asset, gifting to a spouse or civil partner, gifting to a charity (although advice should be taken if basic rate tax is not paid on the value transferred), and transferring crypto between your wallets.
If you receive a nudge letter from HMRC regarding your crypto transactions, here are the steps you should consider taking:
Taking these steps can help ensure that you are compliant with tax regulations and minimize any potential issues with HMRC.
To ensure your crypto transactions are accurately reported to HMRC, follow these steps:
By following these steps, you can accurately report your crypto transactions to HMRC and avoid potential penalties.
HM Revenue and Customs (HMRC) in the UK is likely to know if you sell cryptocurrency because crypto exchanges are required to report transactions to HMRC.
This means that when you cash out or sell your cryptocurrency, the exchange may provide your transaction details to HMRC, including your identity and the amount involved. HMRC treats cryptocurrency as property for tax purposes, and you may need to pay Capital Gains Tax (CGT) when you sell or exchange cryptoassets. This tax is applicable when your gains exceed the tax-free allowance.
Additionally, HMRC encourages individuals to report any income or gains from cryptoassets in their Self Assessment tax return to avoid penalties. It is important to keep accurate records of all transactions, including the type and number of tokens, transaction dates, and values in pound sterling, as HMRC may request this information during compliance checks.
Yes, cryptocurrency exchanges do inform HMRC of your activity. HMRC has established data-sharing agreements with major UK crypto exchanges to track cryptocurrency transactions. Exchanges like Coinbase, eToro, and CEX have been specifically named as having provided customer data to HMRC.
This means that if you conduct transactions through these exchanges, HMRC is likely to be informed about your activities, especially if your transactions exceed certain thresholds.
HMRC uses this information to ensure that individuals are meeting their tax obligations related to cryptoassets, which are treated as property for tax purposes. This means that gains from selling or exchanging cryptocurrencies are typically subject to Capital Gains Tax (CGT).
To claim crypto losses on taxes in the UK, you need to follow these steps:
By following these steps, you can effectively claim and utilise your crypto losses to reduce your tax liabilities in the UK.
Yes, HMRC can track crypto wallets and transactions. HMRC has data-sharing agreements with major UK crypto exchanges, allowing them to access transaction data and KYC information provided by users when signing up for exchanges or wallets. This enables HMRC to monitor cryptocurrency transactions and identify individuals who have not met their tax obligations.
While centralised exchanges, which require identity verification, report user data to HMRC, decentralised exchanges do not require KYC and are harder for HMRC to track.
However, users are still responsible for reporting their transactions. HMRC's efforts to track crypto activity are part of a broader initiative to ensure compliance with tax regulations, including the potential implementation of the OECD’s Crypto-Asset Reporting Framework (CARF) by 2027.
In the UK, you do not need to report cryptocurrency holdings to HMRC if you have not sold or otherwise disposed of them. However, you are required to report any capital gains or income from cryptocurrency transactions. This means that if you have sold, exchanged, or otherwise disposed of your cryptocurrency, you need to report these transactions to HMRC, even if no profit was made.If you have received income from cryptocurrency activities, such as mining, staking, or airdrops, these must also be reported as income. It's important to keep accurate records of all your transactions, as HMRC may request this information during compliance checks.