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Crypto Advocacy Group Opposes Proposed IRS Broker Rules

By Jerry McNeill
Nov 14, 2023
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The U.S.-based cryptocurrency advocacy group, the Blockchain Association (BA), has presented a comment letter primarily expressing opposition to the tax regulations proposed by the Internal Revenue Service (IRS).

In their November 13 letter, the Blockchain Association highlighted that the IRS's proposed regulations from August, aiming to regulate the sale and trading of digital assets by brokers, extend beyond the agency's authority. According to the association, these rules reflect a "fundamental misunderstanding of the nature of digital assets and decentralization technology." The U.S. Treasury Department had released proposed rules to address challenges in reporting and paying taxes on crypto transactions.

Among the criticisms expressed by the Blockchain Association, they assert that numerous participants in the cryptocurrency sphere would encounter significant challenges in complying with the proposed regulations. Specifically, the group contends that many individuals engaged in decentralized finance (DeFi) would be "fundamentally unable to comply" with the regulations, viewing the Treasury's proposal as an overreach and potential infringement on constitutional rights, particularly privacy and free speech. Kristin Smith, CEO of the BA, emphasized that the Treasury should thoroughly comprehend the detrimental and impractical aspects of the expanded broker definition, particularly for U.S. decentralized technology developers. Smith further stated that the proposal intrudes upon the privacy rights of individuals leveraging decentralized technologies.

Since the draft's release in August, several U.S. lawmakers, industry leaders, and legal experts have voiced their perspectives on what the proposal signifies for the future of cryptocurrency taxation within the country. According to the current draft, the proposed regulations for reporting cryptocurrencies could take effect in 2026 for transactions conducted in 2025.

In October, Coinbase's chief legal officer, Paul Grewal, raised concerns about the potential adverse effects of the rules, suggesting they could "potentially harm the fledgling industry." Furthermore, a group of U.S. senators expressed support for the measure on paper, advocating for the rules to be enforced by 2026.

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