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This will ultimately be a question of fact, and will depend on the specific circumstances of each case. In practice it is very unlikely that HMRC will accept that an individual is trading in cryptoassets. HMRC has issued nudge letters to holders of crypto assets, such as BitCoin, to remind taxpayers of their responsibilities to report income or gains through a self-assessment tax return. It also serves as a reminder to register for self-assessment and to notify them that they have transactions to report.
The amount of Capital Gains Tax you’ll pay depends on how much you earn. When preparing your crypto tax documents, you’ll need to report on any income or profits you’ve made. So keep a record of everything, including the equivalent value of your crypto in £GBP when you bought, sold, swapped, gifted or spent it. If you meet the trading threshold, net profits will be subject to income tax at 20%, 40% and 45% and national insurance at 12% and 2%. To fall into the definition of ‘trading’, you would need to buy and sell crypto assets with such intention, sophistication, frequency and level or organisation that the activity amounts to a financial trade. You will need to value the cryptoasset income you receive from mining by converting it to pounds sterling using the exchange rate on the date you receive it.
If you need more information, you can talk to our expert online accountants, payroll experts and even VAT specialists. Germany, for example, doesn’t charge https://xcritical.com/ tax on profits from crypto sales if you hold your crypto for over a year. Transfers between spouses and civil partners are tax-free in the UK.
If mining is classified as a business based on the criteria mentioned above, then the mining income will be added to trading profits and be subject to Income Tax. Similarly, fees or rewards received in exchange of any mining/staking activity will also be added to taxable income. To calculate your capital gain or loss, subtract the cost basis of the asset you disposed of from the fair market value of the asset on the day you traded it. Then, add your additional crypto revenue to your usual income to see if you’re still in the same Income Tax Band. If you are, this is the amount of tax you will pay on your cryptocurrency earnings. This is the amount of tax you’ll pay on your cryptocurrency if your new income from it puts you into a higher Income Tax Band.
HMRC has significant powers to acquire and analyse information on UK taxpayers. If HMRC raises an enquiry into your tax returns, it is likely to question the appearance of profits in your bank account that have not been accounted for. The UK and EU are also currently consulting on new regulations that may require trading platforms to report information on certain account holders to the relevant national authorities.
Once you’re breach this threshold and if you’re a higher rate taxpayer, you’ll be taxed at 28% on profits made by selling a second home and 20% on gains from other assets. If your mining activity is considered a business, the mining income will be added to trading profits and be subject to income tax deductions. HMRC say that income from how to avoid crypto taxes uk mining is treated as trading income if the activity is of the nature of a trade. For more information, see below How do I work out if I am ‘trading’ in cryptoassets?. You cannot offset capital losses arising on the disposal of cryptoassets against your income. HMRC expect records, calculations and reporting to all be undertaken in GBP.
Your cost basis is the amount you paid for your crypto, plus any transaction fees. Everyone in the UK has a Capital Gains tax-free allowance of £12,300. So if your crypto profits are under £12,300, you won’t need to pay Capital Gains tax or report your crypto profits. It all depends how you’re earning your crypto and how much profit you’re making. Depending on your earnings, paying into a pension will reduce the CGT on a gain from 20% to 10% because pension contributions extend the higher end of your tax band by the amount of the contribution. This a loophole in UK tax law that has yet to be closed and is different to the now defunct ‘Bed & Breakfast’ strategy on stocks.
Depending upon how cryptoassets are held, Capital Gains Tax, Income Tax and Inheritance tax can all apply. The specialist team at Alexander & Co is experienced with dealing with the tax issues surrounding cryptoassets and cryptocurrency for traders, investors and businesses. We can ensure that your affairs are structured correctly, in the most tax efficient way and are compliant with HMRC.
The rules can also be complicated meaning it’s advisable to seek professional help to ensure you’re using the most efficient method of CGT reduction and that you stay within the rules. Any gains made inside an ISA wrapper, whether on cash or stocks and shares, is free from Capital Gains Tax. You’re allowed to invest up to £20,000 a year across all your ISA holdings. Other exemptions include gifts to your spouse, civil partner or a charity, and a small number of assets such as ISAs, Premium Bonds and prizes from betting or playing a lottery.
The ‘bed and breakfasting’ rules provide that if a cryptoasset is sold and reacquired within 30 days, the calculation of any capital gain uses the reacquisition cost rather than the original amount paid. As a result, the step of selling and then reacquiring the cryptoasset shortly afterwards may have limited benefit and can reduce any capital loss. At the moment, the CGT relief available on such a loss is likely to be at a tax rate of 10 or 20 per cent but could potentially be as high as 28 per cent if used against gains made on residential property. You’ll need to keep detailed records throughout the year of all of your crypto transactions and report any capital gains profits or losses, as well as any crypto earnings perceived as income to HMRC.
However, if this threshold were reached and you had a trading company which posted taxable profits, then income tax would likely supersede capital gains tax. As exchange tokens can be exchanged on token exchanges for money, HMRC rules that trading arrangements exist, at the point where employment income is received in cryptoassets. An individual investing wholly offshore in cryptoassets is deemed to remit the invested amounts immediately to the UK at the point of purchase. This could cause complex issues where untaxed mixed funds are used to purchase the assets, with remittance basis ordering rules coming into play.
Yes, depending on what country you live in. UK crypto taxes ain’t so bad. I’ll most likely, take out a tiny bit each year to avoid big taxes
— Keone Morris 🏴🇬🇧 (@KeoneMorris) March 2, 2022