US Department of Justice Tax Division Archives

Recent Tax Developments Concerning Staking Rewards

by Andrew Granek, John T. Lutz and William R. Pomierski | Feb 5, 2022 | IRS Guidance

Stakers—taxpayers involved in proof of stake (PoS) validation of blockchain transactions—continue to operate in uncharted tax waters. PoS blockchains represent over half of the $1.68 trillion cryptocurrency market capitalization, with five of the top 10 PoS blockchains having a stake rate greater than 50%. Despite the remarkable growth of the PoS market in the last two years, there is no government guidance about the tax treatment of staking rewards.

In a closely followed case in the US District Court for the Middle District of Tennessee, Jarrett v. United States, No. 3:21-cv-00419 (M.D. Tenn.), a taxpayer paid tax on staking rewards and sued for a refund. The question before the district court is whether the receipt of staking rewards generates taxable income at the date the rewards are received.

On February 3, 2022, it was reported that the Internal Revenue Service (IRS) offered to refund the taxpayer’s money for taxes paid on staking rewards. The taxpayer rejected the IRS’s offer to receive a definitive ruling that will be binding on the IRS.

In this article, we look at the issue before the district court and address the significance of the recent offer by the IRS to refund the taxpayer’s tax payment.

VIRTUAL CURRENCY STAKING

In PoS systems, stakers are chosen by combinations of random selection plus the amount of units making up their stake and/or the amount of time they agree to lock up the stakes in a specific digital wallet. Staked units support the blockchain operations by validating transactions on the blockchain and earning rewards. Unlike the mining activities of proof of work (PoW) blockchain miners, stakers validate new blocks by forging the next block on the blockchain without mathematical computations. Certain platforms participate in staking by pooling their customers’ tokens and sharing the staking rewards.

Although each blockchain protocol is different, PoS protocols require stakers to hold (for an agreed amount of time) and post a minimum number of units (stake) to participate in the validation process. Stakers receive, as staking rewards, a specified number of units. These reward units can redistribute ownership stakes away from computers (nodes) that do not put up a stake to those nodes that do put up stakes.

The IRS has addressed the tax treatment of PoW blockchain miners but has not addressed the tax treatment of staking rewards. This means that taxpayers must consider general tax principles that apply to property transactions and adopt a tax methodology they believe is supportable on audit, subject to judicial and administrative review.

Stakers take a wide range of positions with respect to the tax character and tax timing of staking rewards. For example, some stakers take the position that the receipt of staking rewards result in taxable income from the performance of services, while others assert that staking rewards are not taxable until they sell, exchange or otherwise dispose of the rewards. The policy considerations behind each of these positions vary as well, with the timing of taxation on staking rewards currently being litigated in Jarrett v. United [...]

Continue Reading

read more

President Trump to Nominate Greaves to Tax Court; Senate Confirms Copeland and Urda

by Kevin Spencer and McDermott Will & Emery | Aug 29, 2018 | Trial Courts, Uncategorized
On August 27, 2018, President Trump announced his intent to nominate Mr. Travis A. Greaves to serve as a judge on the United States Tax Court (Tax Court). This marks the fifth new person that President Trump has nominated to the Tax Court since becoming president, joining Elizabeth Copeland, Patrick Urda, Courtney Dunbar Jones and Emin Toro. President Trump also nominated for reappointment current Tax Court Judge Mark Holmes. To date, two of the five nominees—Ms. Copeland and Mr. Urda—have been approved by the Senate Finance Committee and confirmed by the Senate. No action, however, has been taken on the other nominees.

Mr. Greaves currently serves as Deputy Assistant Attorney General for Appellate and Review in the US Department of Justice Tax Division where he oversees all civil tax appellate litigation, including appeals from the US Tax Court. He has held that role since May 2017. From January 2017 to May 2017, Mr. Greaves was a partner at Greaves & Wu, LLP, and from September 2013 to January 2017, he was a lawyer at Caplin & Drysdale, Chartered, where his practice focused on civil and criminal tax controversy matters. From May 2011 to January 2013, he was an associate at Reed Smith LLP. Additionally, from September 2009 to May 2011, Mr. Greaves was an attorney advisor at the US Tax Court for Judge Diane Kroupa. From September 2010 to January 2015, he served as an adjunct professor at Georgetown University Law Center. Mr. Greaves received his BA from the University of Tennessee, his JD, cum laude, from South Texas College of Law, and an LLM in Taxation, with distinction, from Georgetown University Law Center.

read more

President Trump Nominates Copeland and Urda to US Tax Court

by Jeffrey M. Glassman, Kevin Spencer and McDermott Will & Emery | Aug 7, 2017 | Court Procedure Matters, Trial Courts, Uncategorized
On August 3, 2017, President Donald Trump nominated two judges to the US Tax Court. The nominations were received in the US Senate (Senate) and referred to the Committee on Finance.

One of the nominees, Elizabeth Copeland, was previously nominated by President Barack Obama. Her previous nomination expired with the conclusion of the 114th Congress in January 2017. The Committee on Finance unanimously approved her previous nomination, but the nomination was never voted on by the full Senate. Copeland is a partner at the law firm Strasburger & Price, LLP. If confirmed, she will be assuming the position left vacant by the 2015 retirement of Judge James S. Halpern. Judge Halpern still performs judicial duties as a Senior Judge on recall.

The second nominee, Patrick Urda, is counsel to the deputy assistant attorney general in the US Department of Justice’s Tax Division. If confirmed, he will be assuming the position left vacant by the 2014 retirement of Judge Diane L. Kroupa. We previously covered the circumstances of Judge Kroupa’s retirement and related criminal proceedings.

read more