I have a question regarding giving Bitcoin as a gift from a US citizen to a Non-US citizen (currently lives in a non-US country). Does the Non-US citizen who received bitcoins are subjected to taxes or complete any IRS forms? Also, the person who give out the bitcoin is subject to taxes as well? I've heard that if the amounts exceed $10,000 then the donator (transfer) have to fill out a form.Thanks!
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There is a reporting requirement for money transfers of more than $10,000 per transaction that banks and financial institutions handle automatically, but that doesn't apply to bitcoin. For IRS purposes, bitcoin is a property asset, like a physical gold coin or other commodity. You buy it at one price and sell it at another, and if you have a gain (sell for more than you paid) you owe capital gains tax.
In this case, you need to report any gift (of money or property) to any person (US or non-US) that is more than $14,000 per person per year. No gift tax is usually owed, but there is a reporting requirement on form 709.
There are no extra reporting requirements because the recipient is a foreign person.
Whether the recipient owes local tax is a matter for their local tax laws.
If they were (or will be) subject to US taxation in the future, they would only owe tax on the bitcoin when they sell it (convert it to regular money in some currency). They owe tax on the gain, which is the difference between the price you paid for it, and what they sell it for. (If you mined it, the price you paid is zero). If your friend is audited and can't prove the cost basis of the asset, the IRS will assume the cost basis is zero since the IRS doesn't have to give any adjustments or deductions that the taxpayer can't prove. So, in the event your friend is later subject to US taxation, or if their local tax laws work the same way as far as taxable capital gains are concerned, you would be helping your friend considerably by also giving them copies of the records that show what your cost was for the bitcoin asset you are giving them.
Am I correct in my reading your earlier response with regard to giving gifts of cryptocurrency? I took your original response to say that if I buy cryptocurrency and then give it as a gift to friends or relatives (by transferring it to their wallet) that no tax is due unless the limit of $15,000 per person per year is exceeded. Am I interpreting that correctly. Thank you!
If you give something of value away to a person or organization that is not tax exempt, you may be subject to a gift tax.
The yearly limit on gifts is $15,000 per individual or organization you give to, but that just means you should file a gift tax return if you exceed it. You currently have a lifetime exemption on gifts of $11.58 million, so it is doubtful you would have to pay a gift tax in the current year.
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