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Are you a UNITED STATES resident with Binance or KuCoin accounts? Your funds may get FROZEN if you fail this important reporting obligation

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binance irs

An essential overview of reporting obligations under FBAR and FATCA

Many individuals who entered crypto space assume anonymity.  Those who were early miners may have gotten some of that anonymity but those who have started buying, trading and transferring their first Bitcoin and other cryptocurrencies were shaken up when IRS won the court grant to subpoena Coinbase to gather taxpayer information from 2013 thru 2015.

We expect this trend to continue into the 2018 tax year (implemented in 2019) where IRS may go back and request information related to 2016 thru 2018.

If the only place you ever bought your cryptocurrency is Coinbase or Gemini or Bittrex or other US-based exchanges and you hold all of your cryptocurrencies in these US-based exchanges or your private digital wallets (like Myetherwallet) – then you are NOT subjected to FinCEN but may be subject to FATCA rules. Read on to learn more.

However, if you are among the 1000s of individuals who held accounts with Binance, KuCoin, Huobi or other non-US exchanges any time during 2018 calendar year then you are required to disclose your account value to the United States treasury under FBAR guidance on a FinCEN Form 114, if you meet the filing thresholds.


Failure to do so can result in serious monetary penalties and/or criminal proceedings, or both.  Below is the direct screenshot from the instructions:

U.S.C Section 5322 (a) and (b) both cover penalties ranging from $250,000 to $500,000 or 5 to 10 years of prison time or both.

That is the extent of seriousness involved in failing to disclose the foreign financial accounts.

Even if you are not required to file FinCEN Form 114, you may have Form 8938 reporting requirements under FATCA regulations. More details can be found in the FREE guide here.

What is FBAR and FinCEN, and who is required to file?

FBAR stands for Foreign Bank Account Reporting. This is an informational disclosure made to the United States Treasury on an annual basis on FinCEN Form 1141.

FinCEN stands for Financial Crimes Enforcement Network.

binance irs

Who needs to file FinCEN Form 114?

Instructions say that “A United States person that has a financial interest or signatory authority over foreign financial accounts must file an FBAR if the aggregate value of foreign financial accounts exceeds $10,000 at any time during the calendar year” needs to file FinCEN Form 114.

United States person includes US citizens, green card holders, and US tax residents.

Foreign Financial account(s) includes a financial account located outside the US.
Please note that while the digital wallets (like Myetherwallet) are not covered under the
definition of Foreign Financial account – crypto exchanges located outside the US still falls
into the definition of Foreign Financial account and is subjected to FinCEN Form 114
rules.

Aggregate value: In determining whether you have FinCEN Form 114 filing
requirement or not, you have to consider the aggregate value of ALL non-US accounts
together. Even if you have minimal amounts in most accounts, once you cross the
$10,000, you will have to report ALL of your non-US accounts on the FinCEN Form
114.

Example: Let’s say, you have accounts with Binance, KuCoin, Huobi as below.

Binance: Highest balance during the calendar year 2018 – $4500
KuCoin: Highest balance during the calendar year 2018 – $1500
Huobi: Highest balance during the calendar year 2018 – $500
OkEX: Highest balance during the calendar year 2018 – $5000
Cryptopia.co.nz: Highest balance during the calendar year 2018 – $50

Remember, what you are looking for is NOT balance as of December 31st, rather, highest balance during the year, even for a day counts.

Since the total of all of the above accounts exceeds $10,000 you will need to report ALL
of your foreign financial accounts. Even the Cryptopia account with $50 needs to be disclosed.


How to file?

FinCEN Form 114 needs to be filed online and cannot paper filed.

You have to go to the BSA page and select the appropriate account type (individual or institution) and enter the information requested.

Line by line filing instructions are included in the FREE guide.

Due date: FinCEN Form 114 is due by April 15 of filing year (for 2018 calendar year –US tax returns are due on April 15, 2019), however, if you timely extend your IRS tax returns to October 15, 2019 – your FinCEN Form 114 forms are due by October 15, 2019.

IMPORTANT: Your FinCEN Form 114 is due by a maximum extended due date of October 15.  Even if your federal tax returns are extended beyond October 15 – such extension beyond October 15 does not apply to FinCEN Form 114

What is FATCA and why should I care?

FATCA, Foreign Account Tax Compliance Act, was enacted to avoid tax evasion by investing in offshore financial accounts/assets.  FATCA regulations cover the following forms2:

  • Form 3520, Annual Return To Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts
  • Form 3520-A, Annual Information Return of Foreign Trust With a U.S. Owner
  • Form 5471, Information Return of U.S. Persons With Respect To Certain Foreign Corporations
  • Form 8621, Information Return by a Shareholder of a Passive Foreign Investment Company or Qualified Electing Fund
  • Form 8865, Return of U.S. Persons With Respect to Certain Foreign Partnerships
  • Form 8938, Statement of Specified Foreign Financial Assets

We will confine our discussion to Form 8938, Statement of Specified Foreign Financial Assets, in this document.

Form 8938

Who needs to file Form 8938?

You can get the details here, however, keeping it simple, a United States person who has any financial account maintained by a foreign financial institution (or holds stocks or securities in the foreign entity) and the aggregate value of such accounts is above the filing thresholds.

Who is a United States person for Form 8938?

Definition of United States person is same for Form 8938 as it was for FinCEN Form 114.  A US citizen, green card holder or US tax resident, all fall within the definition of United States person.

What are the filing thresholds for Form 8938?

Thresholds change based on your marital status and where you live. Below table summarizes the Form 8938 filing thresholds.

Marital StatusLiving In31-Dec
(Value as of)
Any time of the year
(Value as of)
UnmarriedUnited States$50,000$75,000
Married, filing jointlyUnited States$100,000$150,000
Married, filing separatelyUnited States$50,000$75,000
UnmarriedOutside United States$200,000$300,000
Married, filing jointlyOutside United States$400,000$600,000

Difference between FBAR and FATCA

FinCEN Form 114 is part of FBAR filing with the United States Treasury and Form 8938 needs to be filed with the IRS tax forms.  Both of these filings are based on threshold, as we discussed earlier.  These thresholds are summarized below.

Everyone who has Form 8938 reporting requirement has FBAR reporting.  However, everyone who has FBAR reporting may not have Form 8938 reporting.

One page summary of filing thresholds and due dates for FinCEN Form 114 and Form 8938

FinCEN Form 114Form 8938
Filed with
United States Treasury
Internal Revenue Service (IRS)
Address to file
Online, no paper filing allowed
Include as part of your 1040 tax return
Value to disclose
$10,000 or more in aggregate value
Thresholds depend on your filing status and whether or not you live in United States, see below
When to file?
April 15 of following year (for instance, for 2018 calendar year - by April 15 of 2019
April 15 of following year (for instance, for 2018 calendar year - by April 15 of 2019
Is extension of date available?
Yes. If you filed a timely extension for your Form 1040, that same extension applies to FinCEN Form 114. If your tax returns are extended beyond October 15, you CANNOT extend beyond October 15
Yes. If you filed a timely extension by April 15, you can extend up to October 15
Exchange rate source
Link
Link
Joint disclosure?
Yes, specify Spouse details on lines 25 onwards in the joint section
Joint disclosure is available on a married filing jointly filed tax return

Download the FREE guide here to get:

binance irs

Line-by-line filing instructions for FinCEN Form 114 and FAQ covering below questions.

  • What exchange rates do I use to arrive at US Dollar values?
  • I own accounts jointly with my spouse, can I disclose them on the same form?
  • Exchanges do not assign account number, what do I write in place of Account number?
  • None of my accounts had more than $10,000 during 2018 calendar year, do I still file FinCEN Form 114?
  • Do I include account values in CoinBase and Gemini when determining the thresholds?
  • What if I work for an exchange but do not own crypto myself?
  • I maintain the account on behalf of a company, what are my obligations?
  • Are disclosure requirements different if I hold security tokens?
  • Are tokens held in my personal wallets, like MyEtherWallet or Trezor, need to be disclosed on FinCEN Form 114?
  • Are tokens held in my personal wallets, like MyEtherWallet or Trezor need to be disclosed on Form 8938?
  • Are all tokens considered securities for the purpose of Form 8938 filing for 2018 calendar year?
  • What is the big deal if I fail to disclose the FinCEN Form 114?

Thank you for reading this article.

All product and company names are trademarks™ or registered® trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them.

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IMPORTANT DISCLAIMER

Everything in this article is an opinion, not an advice of any kind. This material has been prepared for general informational purposes only and it is not intended to be relied upon as accounting, tax, investment, legal or other professional advice. Please consult with a professional for specific advice.

We do not endorse or guarantee the accuracy of the information and claims made.

About the author

RK Reddy holds two Masters degrees, one in Accounting and another in Business Administration with over 15 years of experience in the financial services industry.

Read more about the author here.


CryptoSpace

Crypto Roundup: All Your YouTube Influencers in One Place

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Crypto Roundup

Visit our Crypto Roundup section daily for a dose of all your favorite Crypto YouTube influencers in one place.    

Worried about missing updates from your favorite YouTube crypto influencers?  

Welcome to the Crypto Roundup.  

On this page, we will post a quick summary of the videos from some of the most popular YouTube crypto influencers.

Ivan on Tech  Altcoin Daily

Crypto Zombie Box Mining

Ellio Trades Lark Davis

Data Dash Bitboy Crypto

MMCrypto Chico Crypto

Altcoin Daily

Video title: Bitcoin Will Be OVER $20,000 By Christmas 2020! BIGGEST WEALTH SHIFT OF OUR LIFETIME! Cryptocurrency

Date: 19-Nov-20

  • World’s biggest wealth shift of our lifetime is happening right now and no mainstream media is talking about it, except CNBC.

  • Preston Pysh predicted on August 26th that: “Bitcoin should be reaching its all time high by Christmas.”

  • If you are looking to buy a dip, there may not be one.
  • Ricardo Salinas Pliego, a mexican billionaire, has just revealed that 10% of his liquid assets are into bitcoin.

Lark Davis

Video Title: STOCKS HIT NEW HIGHS! WILL COVID VACCINES LEAD TO MEGA PUMP IN 2021? [Are You Ready?]

Date: 19-Nov-2020

  • Stock markets and bitcoin pumps higher on the news of the second successful covid vaccine.
  • There could be more chances for the new stimulus. Means more inflation, more debt and simultaneously pumps stocks, gold and bitcoin.

Crypto Zombie

Video Title: BITCOIN $18.5k TOP!!?! DON’T BE FOOLED!! HODL FOMO BEGINS!!! $TRILLIONS FLOOD!!

Date: 18-Nov-2020

  • Overall sentiment of Bitcoin has changed drastically from ICO craze in 2017 to a time where people are FOMOing to own more bitcoin.

Ivan on tech 

Video Title: BIG WARNING TO ALL HODLERS!!!!!!!!! DO NOT GET REKT!!! BITCOIN $18,500 REJECTED – NOW WHAT?

Date: 18-Nov-2020

  • Ivan expects bitcoin to shoot past $20K resistance before end of this year, giving it 85% probability

Chico Crypto

Video Title: World’s Most Powerful Turn BULLISH on BITCOIN

Date: 19-Nov-2020

  • All those who hold big bags of Bitcoin will come out of the shadows to talk up the Bitcoin rally, a $20K bitcoin could be on the cards before the end of this year
  • Ethereum mining could act as a big catalyst for Ethereum’s price
  • Big companies like google could play a bigger role in mass adoption of crypto

Let the FOMO begin…

Thank you for reading and sharing this article. We appreciate you.

Stay safe and healthy!

Top 5 Cryptocurrencies 2020

IMPORTANT DISCLAIMER

Everything in this article is an opinion, not an advice of any kind. This material has been prepared for general informational purposes only and it is not intended to be relied upon as accounting, tax, investment, legal or other professional advice. Please consult with a professional for specific advice.

We do not endorse or guarantee the accuracy of the information and claims made.

All product and company names are trademarks™ or registered® trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them.

Continue Reading

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Lessons from the Veteran HODLERS to the Newbies!

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Lessons in Crypto

For all those who entered the crypto market after the 2017 bull run – here are few lessons from the HODLERS from the last bull run(s).

This is our attempt at making all you newbies aware of the mistakes veteran cryptoers did.

Let’s get started…

Don’t FOMO in to all the hype

FomoIt’s hard not to FOMO in crypto.  The trick is to make sure you don’t lose your shirt in crazy bets.  Always limit your bets to what you are comfortable losing.

The common ways you can become victim of FOMO are:

  • Following your favorite YouTuber without actually doing your own research on the project.
  • Investing into projects at the top.
  • Believing in promises of 100x or 1000x without any substance behind those claims.

HODLing far too long

Remember why you are into crypto – to make the money.

Never fall in love with your crypto, and HODL the tokens even when they are 10x and more.

Have a strategy to take your capital out before you become a HODLer.  

If you believe the project really has what it takes to go beyond 100x and more, just sell in instalments so as to not miss the ride.

One of the best ways to HODL is to take your capital in full and profit in tranches.

This rekt story will give you a right perspective of what it looks like, it’s one of many:

Don’t put all your eggs in one basket

Never go all in on one project. No matter how strong the project may look, even the projects with strong fundamentals don’t do well sometimes. 

And, you will be kicking yourself watching other projects go up and your portfolio just doesn’t seem to make a move.

And don’t over do it and have a portfolio with over 100 projects either. It is very difficult not to have invested in more than 15 projects but anything less than 20 is a good way to go, in our opinion. 

Put aside the share of Profits for Taxes.

One way you can get a good night’s sleep is by paying taxes. 

Always keep a habit of putting aside a % of your profits in USDT or other stable coins, as a reserve to take advantage of market volatility and also to meet your tax obligations. 

Exchanges are more evil during bull run

Foreign ExchangesDon’t trust exchanges. Yes we already know that, but they play more games during bullrun, some intentional and some technical. 

Many exchanges tend to go under maintenance when the prices shoot up too high too soon (Coinbase?), and you can’t sell. 

And the shady exchanges scam out before you know.

Regulators seem interested when the market cap of these projects goes through the roof, which then adds FUD around the project crashing the prices.  

Exchange may freeze funds pending investigations when such issues arise.

Take for example OKEx. Users are unable to withdraw their assets from the exchange for almost a month now, not certain if they ever will, and all that started with the legal dispute.

Never fall for Arbitrage gains

Arbitrage is when you buy in one exchange at a lower rate and sell on the other for a higher rate to take some profits. 

Some shady exchanges show a lot higher prices than the other genuine exchanges and when you deposit your assets to sell at those prices there won’t be actual volume to execute the trade. You may be stuck with either a high fee for withdrawal or other funky rules to take your own money out. 

Remember, there is no free Giveaway

Free CryptoScammers rise with the rising market.  

When the crypto market buzzes with all time highs – scammers cash in big time on newbies.

The most lucrative scam in crypto is ‘Free Giveaway’. Whether it be through YouYube ads or discussion groups and wherever they can get your attention.  Read this article on various sophisticated scams that are being deployed.

We hope these lessons help you through your trades and crypto life.  Stay safe and always DYOR.

Thank you for reading and sharing this article. We appreciate you.

Stay safe and healthy!

Top 5 Cryptocurrencies 2020

IMPORTANT DISCLAIMER

Everything in this article is an opinion, not an advice of any kind. This material has been prepared for general informational purposes only and it is not intended to be relied upon as accounting, tax, investment, legal or other professional advice. Please consult with a professional for specific advice.

We do not endorse or guarantee the accuracy of the information and claims made.

All product and company names are trademarks™ or registered® trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them.

 

Continue Reading

CryptoSpace

Crypto Roundup: All Your YouTube Influencers in One Place

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on

crypto news

Visit our Crypto Roundup section daily for a dose of all your favorite Crypto YouTube influencers in one place.    

Worried about missing updates from your favorite YouTube crypto influencers?  

Welcome to the Crypto Roundup.  

On this page, we will post a quick summary of the videos from some of the most popular YouTube crypto influencers.

Ivan on Tech  Altcoin Daily

Crypto Zombie Box Mining

Ellio Trades Lark Davis

Data Dash Bitboy Crypto

MMCrypto Chico Crypto

Altcoin Daily

Video title: The United States Just Brought Bitcoin into the National Conversation!! | Cryptocurrency in 2021

Date: 16-Nov-20

  • Former National Treasurer and the new US Senator Elected, Cynthia Lummis, said Bitcoin fits the bill as a good store of value as it is finite and limited, unlike the inflationary fiat currency.

  • Grayscale adds over 7000 more bitcoin in just the last 24 hours.
  • Just over 16% ETH staked for ETH 2.0 launch on Dec 2 2020.
  • Bitcoin Cash hard fork takes place tomorrow.

Crypto Zombie

Video Title: WARNING!!! BITCOIN 2017 BEAR FRACTAL RETURNS!!! BTC WORST CASE SCENARIO…

Date: 14-Nov-2020

  • Institutional money starts flowing into bitcoin.

  • Paypal goes live with its crypto trading platform for eligible customers. They have also raised the buying limits from the initially set $10,000 to $20,000 per week.
  • DIA, an DeFI Oracle provider, integrates with Polkadot.

Ivan on tech 

Video Title: BITCOIN WILL DO SOMETHING INSANE THIS WEEK!!!! -30% DUMP AHEAD vs $20,000 PARTY – Programmer

Date: 16-Nov-2020

  • Bitcoin could make a big move this week, either hit 20K or we may see a 20% to 30% drop
  • Chainlink partners with Etherisc to deliver agricultural insurance in Kenya.

Ellio Trades

Video Title: UNLOCKING $100 TRILLION? This low cap gem seeks to bridge CeFi and DeFi

Date: 15-Nov-2020

  • DeFI could be similar to the ICO craze in 2017
  • Low cap gem: AllianceBlock
  • AllianceBlock is bridging the gap between DeFi and CeFi
  • AllianceBlock Partnership with Orion Protocol and Chainlink.

Chico Crypto

Video Title: WARNING! An “EVIL” Entity Wants Control of BITCOIN…

Date: 15-Nov-2020

https://www.youtube.com/watch?v=45Ac-5y2ofg

  • 90% of Bitcoin’s mining pools are controlled by China based mining pools
  • As the value of bitcoin goes up – there is a threat of push to ‘control’ the network from China
  • Binance is looking to push through the 50% mining share and Chico believes this could be dangerous

Visit our Crypto Roundup section daily for a dose of all your favorite Crypto YouTube influencers in one place. 

Thank you for reading and sharing this article. We appreciate you.

Stay safe and healthy!

Top 5 Cryptocurrencies 2020

IMPORTANT DISCLAIMER

Everything in this article is an opinion, not an advice of any kind. This material has been prepared for general informational purposes only and it is not intended to be relied upon as accounting, tax, investment, legal or other professional advice. Please consult with a professional for specific advice.

We do not endorse or guarantee the accuracy of the information and claims made.

All product and company names are trademarks™ or registered® trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them.

Continue Reading

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