Cryptocurrencies are assets that may be held in digital wallets and utilized as a medium of transaction. Crypto aficionados and casual day-traders alike see them as investment opportunities owing to their nature. Many people are joining the crypto bandwagon for their growing popularity.
However, most of them are either unsure how to pay taxes on their cryptocurrency gains or were completely uninformed that they were needed to do so. On the other hand, the Internal Revenue Service (IRS) has increased its enforcement efforts against those who do not pay taxes on their bitcoin profits.
So, it has become increasingly important for anyone dealing with cryptocurrency to have some idea about the legal consequences of crypto tax evasion. In the article, you’ll read about jury nullification and why it is important for crypto enthusiasts.
Jury Nullification: What is it?
When a jury produces a “Not Guilty” decision despite believing the accused is guilty of the accusation, it is known as jury nullification. The jury effectively overturns a law that it deems is either unethical or incorrectly applied to the offender whose destiny they must decide.
Simply put, it is a federal jury’s ability to issue a not guilty decision although the prosecution has met the legal standard of proof for a guilty conviction. It usually resulted from shifts in social moral compass, such as when conduct is no longer considered unlawful by today’s standards.
Jury Nullification: The Scenario in the USA
According to the United States Supreme Court, juries do not have the power to disregard the law while reaching a decision. In some circumstances, though, nullification still happens. It can be difficult to tell if a jury nullifies the law because of the secrecy of jury deliberations, especially in close instances.
There is a tremendous desire to see the law administered consistently. At every stage, today’s courtrooms and justice system vehemently oppose jury nullification. The notion is that a jury’s capacity to overturn a law by delivering a not guilty conviction despite indisputable evidence is a highly undesirable consequence of the Constitution’s provision for a jury trial.
Defense counsel is not permitted to advise the jury that they are free to disregard the judge’s legal instructions. Defense attorneys are unable to ask the jury to invalidate the verdict. People have been arrested for malicious prosecution even after giving out flyers promoting jury nullification on courtroom premises.
Crypto Tax Evasion
Under crypto tax evasion legislation, failing to pay taxes on crypto earnings results in tax fraud accusations.
If you are oblivious that your crypto profits have triggered any financial obligations, you may be able to escape prosecution by claiming that mistake. Courts, on the other hand, will take into account all relevant material when evaluating whether you, the defendant, were aware of your tax responsibilities.
In the infrastructure bill that President Joe Biden signed into law in November 2021, Congress gave the IRS new authority to monitor bitcoin transactions. In order to provide tax authorities with higher clarity into virtual currency trading, the bill would oblige crypto brokers to track and monitor transactions to the IRS.
Crypto Tax Evasion & Jury Nullification
As our federal and state governments strive to target, restrict, and regulate the transactional freedom that Bitcoin enables, the need for jury nullification is expected to resurface in the near future. It might be KYC regulations, punitive taxation, irrational implementations of the Travel Rule, outright prohibition or confiscation, such as Executive Order 6102, or some new nightmare awaiting the crypto space.
As of now, we don’t know what steps the IRS will take to reestablish its unethical and immoral surveillance state over Bitcoin. But it’s critical that all cryptocurrency owners, investors, miners, and traders recognize that they’re not only safeguarding the anonymity of blockchain, but they’re also the final line of defense for transactional freedom.
1. Can the IRS track my crypto?
Yes, several prominent crypto exchanges have previously acknowledged that they file tax returns with the IRS. Coinbase was served with a John Doe summons by the IRS in 2016. A John Doe summons requires a particular exchange to submit user data with the IRS so that it may be used to detect and investigate taxpayers, as well as penalize individuals who are avoiding taxes.
2. Do I have to report crypto gains to the IRS?
Most sales and other capital transactions must be reported and capital gains and losses calculated in accordance with IRS forms and instructions, such as Form 8949, and would then be summarised on Form 1040, Schedule D, and other forms.
3. How do I avoid paying taxes on cryptocurrency?
In order to avoid paying crypto taxes, you can simply hold it and not sell it. A taxable event is triggered when you cash out your crypto.
Mining bitcoin earns you monthly revenue, which is taxable. You might be able to offset some of your company expenditures to reduce your tax bill. The specifics can be handled by a tax specialist.