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Crypto Regulations

What Are Crypto Regulations?

Crypto regulations refer to the rules set by the U.S. government, primarily through the Internal Revenue Service (IRS), to track and tax cryptocurrency transactions. The IRS treats crypto—like Bitcoin, Ethereum, stablecoins, or NFTs—as property, not cash, meaning every time you sell, trade, or spend it, you might owe taxes. These rules have been evolving fast, especially since the 2021 Infrastructure Investment and Jobs Act kicked things up a notch by adding stricter reporting requirements. As of 2025, whether you’re an everyday investor, a miner, or a business accepting crypto, the IRS wants to know what you’re doing with your digital assets. The goal? Make sure everyone pays their fair share while cracking down on tax evasion. 

 

The Purpose of Crypto Regulations

The big idea behind these regulations is to bring crypto into the same tax world as stocks or real estate. The IRS sees digital assets as a hot spot for unreported income, so they’re tightening the leash to help taxpayers report accurately and catch those dodging taxes. It’s not about inventing new taxes—crypto gains have always been taxable—but about making it easier to track. New rules starting in 2025 mean brokers (think exchanges like Coinbase) have to report your trades, and businesses accepting big crypto payments have to spill the details too. It’s all about transparency, ensuring the tax system keeps up with the crypto boom while funding Uncle Sam’s budget. 

 

How Are Crypto Transactions Taxed and Reported?

Crypto taxes depend on what you do with it. Sell or trade it? That’s a capital gain or loss, calculated by subtracting what you paid (your cost basis) from what you got (fair market value in USD). Get paid in crypto, mine it, or stake it? That’s ordinary income, taxed at your regular income tax rate. The IRS requires you to report these on specific forms, and starting in 2025, brokers pitch in with their own reports. Here’s the breakdown:  

  • Figure Out Your Activity: Did you sell, swap, gift, or earn crypto? Each triggers different tax rules.  
  • Track the Details: You need dates, values in USD when you got it and when you let it go, and any fees. The IRS expects you to keep records—good luck if you don’t!  
  • File the Right Forms: Depending on your situation, you’ll use one or more IRS forms (listed below).  
  • Answer the Crypto Question: Since 2019, Form 1040 and others ask: “At any time during [year], did you receive, sell, exchange, or otherwise dispose of a digital asset?” You have to answer yes or no, even if you just held it. 

Brokers now help by reporting your sales starting in 2025, and basis info (what you paid) kicks in for 2026 transactions. It’s a team effort to keep your tax return honest. 

 

IRS Forms Related to Crypto 

Here’s every IRS form tied to crypto reporting, based on the latest rules as of March 23, 2025: 

 

Form Purpose Crypto Connection
Form 1040 Main individual tax return for reporting income and calculating taxes owed. Includes the digital asset question; reports crypto wages (income line) and capital gains/losses (via Schedule D).
Form 1040-SR Tax return for seniors (65+), similar to Form 1040. Same as 1040—crypto question applies; reports crypto income or gains for seniors.
Form 1040-NR Tax return for nonresident aliens with U.S. income. Includes crypto question; reports U.S.-sourced crypto income or gains for nonresidents.
Schedule 1 (Form 1040) Reports additional income not on Form 1040’s main page. Used for ordinary crypto income (e.g., mining, staking, airdrops) if not self-employed, in USD value.
Schedule C (Form 1040) Reports profit/loss from self-employed business activities. Reports crypto earned as a freelancer or from business-scale mining; also for selling crypto as a business.
Schedule D (Form 1040) Summarizes capital gains/losses from asset sales. Totals crypto gains/losses (short-term or long-term) from sales/trades, paired with Form 8949.
Form 8949 Details every sale or disposal of capital assets. Lists each crypto sale/swap/spend with dates, cost basis, sale price, and gain/loss; feeds into Schedule D.
Form 709 Reports gifts exceeding the annual exclusion ($18,000 in 2024, likely higher in 2025). Required for gifting crypto above the limit; includes the crypto question for dispositions via gifts.
Form 8300 Reports cash payments over $10,000 received by a business. Crypto counts as “cash” since 2021 Act; businesses report $10,000+ crypto payments within 15 days.
Form 1099-DA Reports crypto proceeds from broker transactions (new in 2025). Brokers report gross proceeds (2025) and cost basis (2026 onward) for crypto sales, aiding tax calculations.
Form 1041 Income tax return for estates and trusts. Includes crypto question; reports crypto gains/income for estates/trusts, using Schedules D or 1 as needed.
Form 1065 Partnership income return. Includes crypto question; partnerships report crypto transactions, passing details to partners via K-1.
Form 1120 Corporation income tax return. Includes crypto question; corporations report crypto income or gains from sales/earnings.
Form 1120-S S-corporation income tax return, passing income to shareholders. Includes crypto question; S-corps report crypto transactions, passing details to shareholders via K-1.

 

Notes: 

  • Crypto Question: Refers to the IRS query: “At any time during [year], did you receive, sell, exchange, or otherwise dispose of a digital asset?” Found on Forms 1040, 1040-SR, 1040-NR, 709, 1041, 1065, 1120, and 1120-S. 
  • Form 1099-DA: Rolls out in 2025 for gross proceeds (filed in 2026); cost basis reporting starts with 2026 transactions (filed in 2027). 
  • Form 8300: Applies to crypto since the 2021 Infrastructure Act; transitional guidance softens enforcement until final rules are set. 

 

Key Crypto Regulation Updates for 2025

As of March 23, 2025, the big shift is Form 1099-DA rolling out. Brokers—like custodial platforms or payment processors—must report sales’ gross proceeds for 2025 (due in 2026). By 2026, they’ll add your cost basis too. Real estate pros also report crypto used in property deals starting January 1, 2026. Non-custodial brokers (like decentralized exchanges) get their own rules later, per IRS plans from December 2024. Businesses accepting $10,000+ in crypto must file Form 8300, though transitional guidance eases the pain until final regs drop. The IRS isn’t messing around—keep records, report right, or face audits and penalties! 

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