Do you have to pay taxes on cryptocurrency or bitcoin?

GET HELP WITH PAYING TAXES ON CRYPTOCURRENCY AND YOUR BITCOINS

What is CRPYTOcurrency OR Bitcoin?

cryptocurrency is a digital representation of value, other than a representation of the U.S. dollar or a foreign currency (“real currency”), that functions as a unit of account, a store of value, and a medium of exchange.  Some virtual currencies are convertible, which means that they have an equivalent value in real currency or act as a substitute for real currency.  The IRS uses the term “virtual currency” in these FAQs to describe the various types of convertible virtual currency that are used as a medium of exchange, such as digital currency and cryptocurrency.   Regardless of the label applied, if a particular asset has the characteristics of virtual currency, it will be treated as virtual currency for Federal income tax purposes.

The IRS will recognize a gain or loss with cryptocurrency and bitcoin

Yes.  When you sell virtual currency, you must recognize any capital gain or loss on the sale, subject to any limitations on the deductibility of capital losses.  For more information on capital assets, capital gains, and capital losses, see Publication 544, Sales and Other Dispositions of Assets.

 

Heathers Bookkeeping and Tax Services have forms about paying taxes on cryptocurrency and bitcoins. The 2020 form 1040 asks whether any time during 2020, did you receive or sold or sent, exchanged or otherwise acquired any financial interest in any virtual currency. No. If your only transactions involving virtual currency during 2020 were purchases of virtual currency with real currency, you are not required to answer yes to the Form 1040 question.

 

How do you determine if my gain or loss is a short-term or long-term capital gain or loss?

If you held the virtual currency for one year or less before selling or exchanging the virtual currency, then you will have a short-term capital gain or loss.  If you held the virtual currency for more than one year before selling or exchanging it, then you will have a long-term capital gain or loss.  The period during which you held the virtual currency (known as the “holding period”) begins on the day after you acquired the virtual currency and ends on the day you sell or exchange the virtual currency.  For more information on short-term and long-term capital gains and losses, see Publication 544, Sales and Other Dispositions of Assets.

 

If you invested in crypto last year, you may have to pay taxes this year.

Yes, your Bitcoin, Ethereum, and other cryptocurrencies are taxable. The IRS considers cryptocurrency holdings to be “property” for tax purposes, which means your virtual currency is taxed in the same way as any other assets you own, like stocks or gold. And the start of tax season is right around the corner — Jan. 24, 2022 to be exact.

2021 was a big year for crypto, with many new investors buying in for the first time. More than half of current Bitcoin investors began investing in the last 12 months, according to a recent study by Grayscale Investments. The crypto market hit multiple all-time highs and lows throughout the year, leading to large gains and losses for many investors.

 

We can help with your Crypto Taxes or Bitcoin Taxes

CALIFORNIA BILL PROVIDING TAX BREAKS TO FIRE VICTIMS

BUTTE COUNTY FIRE RECOVERY TAX UPDATE

Bill to Provide Tax Relief for Fire Victims Passes First Committee

 

The Assembly Committee on Revenue & Taxation recently passed AB 1249, Assemblyman James Gallagher’s (R-Yuba City) legislation that would provide financial relief to wildfire victims by exempting them from paying state taxes on settlement payments made out of PG&E’s “Fire Victims Trust”. 
Gallagher said, “AB 1249 is a straightforward fix that would clarify state tax exemption criteria for victims of three of the most destructive fires in California’s history. Victims deserve to receive the maximum amount of compensation possible from PG&E, especially in light of recent reports that the trust might not be able to pay victims the full settlement amounts they were originally promised.”

PG&E’s “Fire Victims Trust

PG&E’s “Fire Victims Trust” was created to compensate victims of the 2015 (Butte), 2017 (North Bay) and 2018 (Camp) wildfires. AB 1249 would clarify California’s tax code to allow all types of filers to be excluded from paying state taxes on advance settlements paid out of the trust.
The bill now moves to the Assembly Appropriations Committee for a hearing later this month.
AB 1249 is co-authored by Senator Jim Nielsen (R-Tehama), Senator Bill Dodd (D-Napa), Senator Brian Dahle (R-Bieber), Assemblyman Frank Bigelow (R-Madera), Assemblywoman Megan Dahle (R-Bieber) and Assemblymember Marc Levine (D-San Rafael).

 

NEW 2022 TAX REFUND RETURN DATES – WHEN WILL YOU GET YOUR TAX REFUND IN 2022 FROM THE IRS

NEW TAX REFUND RETURN DATES 2022

Will the 2022 tax filing season be normal? it’s not likely that when Spring 2022 comes around that everything will be like it was in 2019 or before. Covid-19 will still be a concern, several stimulus tax laws will still be challenging for some filers, and new tax laws may very well be created between now and then that add more complexity.

[The estimated refund date chart is below if you just want to scroll down.]

But the income tax filing process will likely be closer to normal than either 2020 or 2021 were, which both had extended filing deadlines due to closures of IRS offices, the tax courts, and IRS and tax firm staff being new to remote working.

In other words… be ready to have your taxes filed (or an automatic extension filed) by Friday, April 15, 2022. The good news is that the federal and state income tax returns filing process should be closer to normal, as well. Depending on when a taxpayer files, they can often receive their tax refund payments (check or direct deposit) within only 2-3 weeks.

Traditionally (meaning pre-Covid), the IRS starts accepting tax returns during the last week of January. If major new tax legislation is passed at the end of the year, however, this could push the start of tax season back by a week or two. So, early tax filers who are a due a refund can often see them as early as mid or late February. However, taxpayers with the Earned Income Tax Credit or Child Tax Credit generally have their refunds delayed by about one month while the IRS confirms eligibility for these credits.

Although the last two tax filing seasons were significantly impacted by the Covid-19 pandemic, and the IRS extended both deadlines, the IRS is not expected to extend the tax filing deadline for 2022.

The below chart shows an estimated timeline for when a taxpayer is likely to receive their refund, based on the information we have now, and using projections based on previous years- and depending on when a person files their return. If your IRS income tax refund is delayed after you’ve filed, ask your tax professional, or simply use the “Where’s My Refund?” tool on the IRS website.

Most Americans who are expecting an income tax refund receive it by direct deposit in as little as 2 weeks, although it can take longer during the peak of the filing season, which starts in late March. So it’s a good idea to e-file your tax return as soon as you have all of your tax documents (like your W2, 1099s, mortgage and student loan interest, and other items).

Several factors can determine when a taxpayer may receive their tax return, including:

  • How early they file
  • If the taxpayer is claiming certain credits (especially EITC and CTC)
  • Whether the return is e-filed or sent by mail
  • Whether the taxpayer has existing debts to the federal government
  • The Covid stimulus payments sent out earlier in the year will not affect your income tax refund. (However, some taxpayers who did not receive one, may be determined to have been owed one, in which case they may be able to have it added to their 2022 refund as a credit. Ask your tax professional.)

Note: The IRS will delay processing by 2-3 weeks if an income tax return has the Earned Income Tax Credit (EITC) or Child Tax Credit (CTC), since these credits are often misused. The additional time allows the IRS to verify that taxpayers qualify for the credits.

So, here’s the chart you were looking for. If the IRS changes tax season this year, we will update this chart. And remember: This is an estimate of when to expect your refund. It is not exact, as all taxpayers have different returns and situations.

IRS Accepts E-Filed Return By: Direct Deposit Sent (Or Paper Check Mailed 1 week later):
IRS will start accepting income tax returns on between Jan. 24-Jan. 31, 2022.
Jan. 24, 2022* Jan. 31 (Feb. 11)**
Jan. 31, 2022* Feb. 11 (Feb. 18)**
Feb. 7 Feb. 18 (Feb. 25)**
Feb. 14 Feb. 25 (Mar. 4)**
Feb. 21 Mar. 4 (Mar. 11)**
Feb. 28 Mar. 11 (Mar 18)
Mar. 7 Mar. 18 (Mar. 25)
Mar. 14 Mar. 25 (Apr. 2)
Mar. 21 Apr. 1 (Apr. 9)
Mar. 28 Apr. 8 (Apr. 15)***

* = IRS may delay start of tax season by a week or so.

** = Returns with EITC or CTC may have refunds delayed until March to verify credits.

*** = Filing during peak season can result in slightly longer waits.

IRS Accepts Return By: Direct Deposit Sent (Or Paper Check Mailed one week later)
Apr. 4, 2022 Apr. 15 (Apr. 22)***
Apr. 11 Apr. 22 (Apr. 29)***
Apr. 18 Apr. 29 (May 6)
Apr. 25 May 6 (May 13)
May 2 May 13 (May 20)
May 9 May 20 (May 27)
May 16 May 27 (June 4)
May 23 June 4 (June 11)

IMPORTANT: If you file electronically (using an online tax program or preparer), the IRS will notify you of the actual date they “accepted” your return. This is often 1-3 days from the time you actually hit the “file” or “submit” button, and it is this date that you need to use for the above chart.

Taxpayers who mail a paper version of their income tax return can expect at least a 3-4 week delay at the front-end of the process, as the return has to be manually entered into the IRS system before it can be processed.

Be Safe – Hire a Professional

Taxpayers who use a professional, such as a CPA or EA, can ask that professional for the estimated date of their tax refund, and they can be more confident that their taxes have been properly (and legally) filed.

In general, the IRS says that returns with refunds are processed and payments issued within 21 days. For paper filers, this can take much longer, however. The IRS and tax professionals strongly encourage electronic filing.

What If You Can’t File Your Income Taxes By April 15?

Taxpayers who don’t have all of the paperwork needed in order to file their taxes can easily file an extension form, “Form 4868, Application for Automatic Extension of Time to File U.S. Individual Income Tax Return.” – This will give the taxpayer until October 15 to file their tax return. No reason or excuse is needed to receive this extension, and as the title states, it is automatically granted.

However, if a person will owe taxes, it is still their obligation to pay those taxes by April 15, even if they have requested an extension to file. A professional can assist with this. Those who are due a refund generally only need to file the extension request by April 15. Any tax professional and most do-it-yourself tax programs can perform this task.

2021 Main Street Small Business Tax Credit in California

California’s governor signed Assembly Bill (AB) 150 establishing the Main Street Small Business Tax Credit II.

However, You must claim this credit on a timely filed original tax return. You cannot claim this credit on an amended (not original) tax return.

Taking a deeper dive into the 2021 main street small business tax credit

This bill provides financial relief to qualified small businesses for the economic disruptions in 2020 and 2021 that have resulted in unprecedented job losses.

Taxpayers can use the credit against income taxes, or can make an irrevocable election to apply the credit against sales and use taxes.

How to qualify for the Main street small business tax credit in California

To qualify for the credit, taxpayers (qualified small business employers) must:

  1. Have 500 or fewer employees on December 31, 2020 (all employees, including part-time employees), whose wages are subject to California withholding laws.
  2. Have experienced a decrease of 20% or more in gross receipts:
    • Calendar year filers compare gross receipts for 2020 to gross receipts for 2019.
    • Fiscal year filers can either:
      • Compare gross receipts for fiscal year 2019-20 to the gross receipts for fiscal year 2018-19.
      • Compare the gross receipts average for fiscal year 2019-20 and fiscal year 2020-21 to the gross receipts for fiscal year 2018-19.
    • New businesses that commenced business after January 1, 2019, but on or before January 1, 2020 can determine by comparing gross receipts from:
      • January 1, 2020, through February 28, 2020, multiplied by 1.5 to gross receipts for the period of April 1, 2020 and ending on June 30, 2020.
  3. Apply for a tentative credit reservation from CDTFA during the period of November 1, 2021 through November 30, 2021, and receive a tentative credit reservation.
  4. Not be required or authorized to be included in a combined report.

For each taxable year beginning on or after January 1, 2021, and before January 1, 2022, the new law allows a qualified small business employer a small business hiring tax credit, subject to receiving a tentative credit reservation through the California Department of Tax and Fee Administration (CDTFA).

All taxpayers (including those electing to use the credit to offset qualified sales and use taxes) must reduce any deduction otherwise allowed for qualified wages by the amount of the credit allowed.

Tentative credit reservation period

You can apply for a tentative credit reservation from November 1 through November 30, 2021, or an earlier date if the limit for the credit is reached before November 30, 2021. The credit is allocated by CDTFA on a first-come, first-served basis. The allocation limit for this credit will be approximately $116 million.

Considerations for S corporations

S corporations electing to apply the credit against qualified sales and use taxes:

  • Can claim the full credit against sales and use taxes.
  • Cannot pass through any of the credit to its shareholders.

S corporations electing to apply the credit against franchise and income taxes:

  • Are limited to applying 1/3 of the tentative credit reservation amount (from their confirmation from CDTFA) against the tax on net income at the S corporation level. They may not use the credit to offset the $800 minimum franchise tax.
  • Must disregard the remaining 2/3 of the credit and the S corporation may not use it as a carryover credit.
  • Can pass through the full credit amount to their shareholders, who may use the credit against their personal income taxes.

Credit amount

The amount is equal to $1,000 for each net increase in qualified employees, measured by the monthly average full-time employee equivalents. For more information on computing the credit, visit CDTFA.ca.gov.

Each employer is limited to no more than $150,000 in credit.

The amount of credit you may receive for the 2021 taxable year is reduced by the Main Street Small Business Tax Credit for taxable year 2020. Your 2021 credit will be reduced by either:

  • Your 2020 credit allocated for application to Sales and Use Tax; or,
  • Your 2020 credit received for application against income taxes

Qualified employee:

  • Must be paid wages subject to withholding under the California Unemployment Insurance Code.
  • Cannot receive wages that are used in the calculation of any other tax credit, except for the Main Street Small Business Tax Credit, for taxable year 2020.
  • Is not paid as an independent contractor.

How to claim the Main Street Small Business Tax Credit

  • File your income tax return timely.
  • Include your Main Street Small Business Tax Credit (FTB 3866) form, to claim the credit.
    • We’re currently updating the FTB 3866 for the 2021 tax year and it will be available by January 1, 2022.
    • Provide the confirmation number (received from CDTFA on your Tentative Credit Reservation) when claiming the credit.
    • Use credit code 241 when claiming the credit.
  • Review the Specific Line Instructions (page 2) for form FTB 3866, for more information.
  • Unused credits may be carried over for 5 years or until exhausted.

Fell free to contact us.

Taxable PG&E Fire Settlement In California

Is The PG&E Fire Settlement Taxable?

Want the easy answer to your question about is your PG&E Fire Settlement taxable?

Well.. let look into this or speak to one of our tax accountants about your settlement from the California PG&E Fire. If you are receiving money from the PG&E fire settlement the award may be taxable to you.

In general, all income is considered taxable unless Congress says it is not (IRC 61). So, when we look at your PG&E settlement offer, we start with the presumption that all of it is taxable and then we walk through the Internal Revenue Code to try and find ways to make it not taxable.

How can our tax accountants help with your settlement from the California PG&E Fire?

Our job will be to review your information and determine what part of your settlement payout can be nontaxable under the tax laws so that you are able to plan accordingly for income taxes.

First, we need to know what your award is for. The PG&E Fire Trust has been providing Determination
Notices that detail the breakdown of your settlement award (e.g., Emotional Distress-Nuisance, Emotional
Distress-Zone of Danger, Personal Injury, Real Property, Loss of Income, Interest, etc.). This should be
provided to you by your attorney. If you didn’t use an attorney, the Trust should provide this notice to you
directly. Some attorneys are recommending that your payout will not be taxable if they don’t provide this
information to you but that is incorrect. It is important that we obtain the details of your settlement proceeds
in order to determine what is taxable. If your attorney has subsequently requested a redetermination of
your settlement, we will need this notice to determine any changes in your proceeds.
Next, we need to determine whether each part is includable or excludable from income. You will note that
the PG&E Fire Settlement taxation proceeds follow the same tax guidelines as your insurance proceeds
payouts. The following are common settlement proceeds:
Physical Injury – payments for physical injury or sickness are nontaxable and excludable from
income. This must be a physical injury meaning there was bodily harm.
Emotional Distress – payments for emotional distress are taxable and includable in income unless
the emotional distress is a result of the physical injury. The physical injury must have happened on
the day of the fire and not after-the-fact or due to having emotional distress.
Personal Property Settlements – payments for your residential real property could be fully taxable
if you are unable to exclude the gain as a personal residence exclusion ($250,000 single/$500,000
married filing jointly). If you have already received insurance proceeds for your property, we will
need to factor this in the equation to determine if you are still within the gain exclusion amount.
Additional Living Expenses (ALE) – payments for additional ALE are nontaxable and excludable
from income as a result of the fire being located in a federal declared disaster area.
• Personal Contents – payments for your personal contents are nontaxable and excludable from
income for the same reason as ALE payments.
Business Property Settlements – payments for your business property settlements could be fully
taxable. Some of these payments may be taxable as capital gain income depending on the type of
asset. You may be able to defer the gain by meeting the requirements of an involuntary conversion
under Internal Revenue Code Section 1033. There are specific rules and timelines for the 1033
exchange that we may have already addressed with your insurance proceeds. We will need to know
if you are planning on utilizing the 1033 election so that we can plan accordingly.
Business Loss of Income – payments for business loss of income are taxable and reported as
business income.
Rental Loss of Income – payments for rental loss of income are taxable and reported as
ordinary/rental income.
Interest – interest is taxable as ordinary income.
With respect to attorney fees, most of the PG&E fire lawsuits are contingent fee lawsuits which means that
the attorney fees cannot be excluded from the gross award. So, if you receive $100,000 and give 30% to
your attorney, you are still taxed on the full $100,000. Further, the Tax Cuts and Jobs Act eliminated the
tax deduction for attorney fees through 2025, so there is no deduction available for the attorney fees on
your Federal Income Tax Return (attorney fees are still deductible on the California Return). Some
exceptions to this include being able to deduct attorney fees against loss of income received or if part of
your award receives capital gain treatment, then a portion of the fees can be added to the basis of the
property creating a deduction.

The Taxable PG&E trust settlement payments out to individuals

The PG&E trust has already started making settlement payments out to individuals. The first installment is
30% of your total settlement amount with the rest to be paid out at a later date. If this is the only payment
you receive in 2021, you are only responsible for paying taxes on the taxable portion of that payment.
We realize that this is a very complex tax situation, and you will probably have additional questions for us.
If you need us to run any tax projections, we recommend waiting until you receive your Determination or
Redetermination Notice before contacting us so that we have some numbers to work with. On basic
settlement scenarios, we have been recommending setting aside at least 30% of the gross payout for
taxes. This should be enough to cover the taxes, but we would have to run projections to make sure. Please
don’t hesitate to contact us if you need any additional help. We are here to assist you through this process
to the end.

Marijuana is legal in these states 2020 – How will this help your taxes?

The legalization of cannabis in 2020 will be considered in several U.S. states in 2020. States considered likely to legalize it for recreational use include Arizona, Florida, New Jersey, New Mexico, and New York. Voters in Arizona, Montana, New Jersey and South Dakota cleared cannabis for adult use, bringing the total number of states that have approved it for that purpose to 15.

Question: How do marijuana taxes work?

Answer: Marijuana sales are legal and taxed in nine states. States currently levy three types of marijuana taxes: as a percentage of the price (either the retail or wholesale price), based on weight (i.e., per ounce), and based on the drug’s potency (i.e., THC level). Some states use a combination of these taxes.

 

DO STATE AND LOCAL GOVERNMENTS RAISE FROM MARIJUANA TAXES?

Although prohibited under federal law, marijuana sales are legal and taxed in nine states: AlaskaCaliforniaColoradoIllinoisMassachusettsMichiganNevadaOregon, and Washington. Marijuana is legal in Maine and Vermont but neither state has established its tax system yet. The District of Columbia also legalized marijuana but Congress currently prevents the city from regulating and taxing sales.

California Marijuana Taxes: 15% state excise tax on retail sales. Cultivators pay $9.25 per ounce for flowers and $2.75 per ounce for leaves. Localities (cities) can levy an excise tax on retail sales.

California’s revenue pays for administrative costs associated with marijuana legalization, and then uses excess funds for programs related to drug use, including economic development, academic studies, and youth programs.

 

Colorado  and Washington have collected marijuana taxes since 2014. In the calendar year 2018, Colorado collected $267 million and Washington collected $439 million in state marijuana taxes, or roughly 1 percent of state and local own-source revenue in each state. Four other states reported a full year’s worth of state marijuana tax revenue in 2018: Alaska ($15 million), California ($354 million), Nevada ($87 million), and Oregon ($94 million). All totals were less than 1 percent of state and local own-source general revenue. (Note: None of these totals include local tax revenue.)

 

Marijuana is legal in 11 new states at the beginning of 2020 and will increase to 15 states in 2021.

Marijuana is legal in 11 new states and some of these states levy a tax on the purchase. But these tax rates are often the same as or close to the state’s general sales tax rate and do not raise much revenue.

HOW DO MARIJUANA TAX RATES DIFFER?

There are three ways state and local governments tax marijuana.

Percentage-of-price. These taxes are similar to a retail sales tax where the consumer pays a tax on the purchase price and the retailer remits it to the state. A few states levy their percentage of price tax on the wholesale transaction, but it is assumed this cost is then passed on to the consumer in the final purchase price. Some states also let localities levy a percentage of price tax—typically with a maximum rate.

Weight-based. These taxes are similar to cigarette taxes, except instead of taxing per pack of cigarettes the tax is based on the weight of the marijuana product. States with this type of tax also typically set different rates for different marijuana products. For example, California  levies a $9.65 per ounce tax on marijuana flowers, a $2.87 per ounce tax on marijuana leaves, and a $1.35 per ounce tax on fresh plant material. As with other wholesale taxes, it is assumed most of this cost is passed on to the consumer in the final purchase price.

Potency-based. These taxes are similar to alcohol taxes, except instead of taxing drinks with a higher percentage of alcohol at higher rates (i.e., liquor is taxed at a higher rate than beer), the tax is based on the THC level of the marijuana product. Illinois is currently the only state with a THC-based tax. It taxes products with a TCH content of 35 percent or less at 10 percent of retail price and those with more than 35 percent at 25 percent of retail price. All marijuana-infused products (e.g., edibles) are taxed at 20 percent of retail price.

Some states also levy their general sales tax on the purchase of marijuana in addition to the excise taxes.