HMRC Policy paper Cryptoassets for individuals

Cryptoassets are a relatively new type of asset that have become more prevalent in recent years. New technology has led to cryptoassets being created in a wide range of forms and for various different uses.

Bank Of England Digital currencies

This paper sets out HMRC’s view – based on the law as it stands at the date of publication – about how individuals who have cryptoassets are taxed. It does not explicitly consider the tax treatment of cryptoassets held for the purposes of a business carried on by an individual.

HMRC will publish further information about the tax treatment of cryptoasset transactions involving businesses and companies.

The cryptoassets sector is fast-moving and developing all the time. The terminology, types of coins, tokens and transactions can vary. The tax treatment of cryptoassets continues to develop due to the evolving nature of the underlying technology and the areas in which cryptoassets are used. As such, HMRC will look at the facts of each case and apply the relevant tax provisions according to what has actually taken place (rather than by reference to terminology). Our views may evolve further as the sector develops.

Where HMRC considers that there is, or may have been, avoidance of tax, the analysis presented will not necessarily apply.

What cryptoassets are

Cryptoassets (or ‘cryptocurrency’ as they are also known) are cryptographically secured digital representations of value or contractual rights that can be:

  • transferred
  • stored
  • traded electronically

While all cryptoassets use some form of Distributed Ledger Technology (DLT) not all applications of DLT involve cryptoassets.

HMRC does not consider cryptoassets to be currency or money. This reflects the position previously set out by the Cryptoasset Taskforce report (CATF). The CATF have identified three types of cryptoassets:

  • exchange tokens
  • utility tokens
  • security tokens

However the tax treatment of all types of tokens is dependent on the nature and use of the token and not the definition of the token.

This paper considers the taxation of exchange tokens (like bitcoins) and does not specifically consider utility or security tokens. For utility and security tokens this guidance provides our starting principles but a different tax treatment may need to be adopted.

Exchange tokens

Exchange tokens are intended to be used as a method of payment and encompasses ‘cryptocurrencies’ like bitcoin. They utilise DLT and typically there is no person, group or asset underpinning these, instead the value exists based on its use as a means of exchange or investment. Unlike utility or security tokens, they do not provide any rights or access to goods or services.

Utility tokens

Utility tokens provide the holder with access to particular goods or services on a platform usually using DLT. A business or group of businesses will normally issue the tokens and commit to accepting the tokens as payment for the particular goods or services in question.

Security tokens

Security tokens may provide the holder with particular interests in a business, for example in the nature of debt due by the business or a share of profits in the business.

Which taxes apply

In the vast majority of cases, individuals hold cryptoassets as a personal investment, usually for capital appreciation in its value or to make particular purchases. They will be liable to pay Capital Gains Tax when they dispose of their cryptoassets.

Individuals will be liable to pay Income Tax and National Insurance contributions on cryptoassets which they receive from:

  • their employer as a form of non-cash payment
  • mining, transaction confirmation or airdrops

As set out in more detail below, there may be cases where the individual is running a business which is carrying on a financial trade in cryptoassets and will therefore have taxable trading profits. This is likely to be unusual, but in such cases Income Tax would take priority over the Capital Gains Tax rules. HMRC will publish separate information for businesses in due course.

HMRC does not consider the buying and selling of cryptoassets to be the same as gambling.

Income Tax

Financial trading in cryptoassets

HMRC taxes cryptoassets based on what the person holding it does. If the holder is conducting a trade then Income Tax will be applied to their trading profits.

Only in exceptional circumstances would HMRC expect individuals to buy and sell cryptoassets with such frequency, level of organisation and sophistication that the activity amounts to a financial trade in itself. If it is considered to be trading then Income Tax will take priority over Capital Gains Tax and will apply to profits (or losses) as it would be considered as a business.

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As with any activity, the question whether cryptoasset activities amount to trading depends on a number of factors and the individual circumstances. Whether an individual is engaged in a financial trade through the activity of buying and selling cryptoassets will ultimately be a question of fact. It’s often the case that individuals and companies entering into transactions consisting of buying and selling cryptoassets will describe them as ‘trades’. However, the use of the term ‘trade’ in this context is not sufficient to be regarded as a financial trade for tax purposes.

A trade in cryptoassets would be similar in nature to a trade in shares, securities and other financial products. Therefore the approach to be taken in determining whether a trade is being conducted or not would also be similar, and guidance can be drawn from the existing case law on trading in shares and securities.

More information on the existing approach and case law for share transactions and financial traders can be found in the HMRC business income manual (BIM56800).

Mining

Cryptoassets can be awarded to ‘miners’ for verifying additions to the blockchain digital ledger. Mining will typically involve using computers to solve difficult maths problems in order to generate new cryptoassets.

Whether such activity amounts to a taxable trade (with the cryptoassets as trade receipts) depends on a range of factors such as:

  • degree of activity
  • organisation
  • risk
  • commerciality

If the mining activity does not amount to a trade, the pound sterling value (at the time of receipt) of any cryptoassets awarded for successful mining will be taxable as income (miscellaneous income) with any appropriate expenses reducing the amount chargeable.

The other taxable income: HS325 Self Assessment helpsheet has more information about miscellaneous income.

If the individual keeps the awarded assets, they may have to pay Capital Gains Tax when they later dispose of them.

Fees from mining

Fees or rewards received in return for mining (for transaction confirmation) are also chargeable to Income Tax, either as trading or miscellaneous income depending on the:

  • degree of activity
  • organisation
  • risk
  • commerciality

If the individual receives cryptoassets as payment for the services provided then any increase in value from the time of acquisition will either give rise to a chargeable gain on disposal for Capital Gains Tax purposes or, in the case of a trade, get taken into account in computing any trading profits

Airdrops

An airdrop is where someone receives an allocation of tokens or other cryptoassets, for example as part of a marketing or advertising campaign in which people are selected to receive them. Other examples of airdrops may involve tokens being provided automatically due to other tokens being held or where an individual has registered to become eligible to take part in the airdrop.

The airdropped tokens, typically, has its own infrastructure (which may include a smart contract, blockchain or other form of DLT) that operates independently of the infrastructure for an existing cryptoasset.

Income Tax will not always apply to airdropped cryptoassets received in a personal capacity. Income tax may not apply if they’re received:

  • without doing anything in return (for example, not related to any service or other conditions)
  • not as part of a trade or business involving cryptoassets or mining

Airdrops that are provided in return for, or in expectation of, a service are subject to Income Tax either as:

  • miscellaneous income
  • receipts of an existing trade

The disposal of a cryptoasset received through an airdrop may result in a chargeable gain for Capital Gains Tax, even if it’s not chargeable to Income Tax when it’s received. Where changes in value get brought into account as part of a computation of trade profits Income Tax will take priority over Capital Gains Tax.

Income Tax losses

An individual who is trading may be able to reduce their Income Tax liability by offsetting any losses from their trade against future profits or other income. HMRC’s Losses: HS227 Self Assessment helpsheet has more information (including restrictions that apply).

If profits from activities are taxable as miscellaneous income, losses may be able to be carried forward to later years. More information on this can be found in helpsheet HS325: other taxable income.

Capital Gains Tax

HMRC would expect that buying and selling of cryptoassets by an individual will normally amount to investment activity (rather than a trade of dealing in cryptoassets). In such cases, if an individual invests in cryptoassets they will typically have to pay Capital Gains Tax on any gains they realise.

Cryptoassets are digital and therefore intangible, but count as a ‘chargeable asset’ for Capital Gains Tax if they’re both:

  • capable of being owned
  • have a value that can be realised
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What constitutes a ‘disposal’

Individuals need to calculate their gain or loss when they dispose of their cryptoassets to find out whether they need to pay Capital Gains Tax. A ‘disposal’ is a broad concept and includes:

  • selling cryptoassets for money
  • exchanging cryptoassets for a different type of cryptoasset
  • using cryptoassets to pay for goods or services
  • giving away cryptoassets to another person

If cryptoassets are given away to another person who is not a spouse or civil partner, the individual must work out the pound sterling value of what has been given away. For Capital Gains Tax purposes the individual is treated as having received that amount of pound sterling even if they did not actually receive anything.

If Income Tax has been charged on the value of the tokens received, section 37 Taxation of Capital Gains Act 1992 will apply. Any consideration will be reduced by the amount already subject to Income Tax.

  • if they make a ‘tainted donation
  • where the individual disposes of the cryptoassets to the charity for more than the acquisition cost so that they realise a gain

Allowable costs

Certain costs can be allowed as a deduction when calculating if there’s a gain or loss, which include:

  • the consideration (in pound sterling) originally paid for the asset
  • transaction fees paid before the transaction is added to a blockchain
  • advertising for a purchaser or a vendor
  • professional costs to draw up a contract for the acquisition or disposal of the cryptoassets
  • costs of making a valuation or apportionment to be able to calculate gains or losses

The following do not constitute allowable costs for Capital Gains Tax purposes:

  • any costs deducted against profits for Income Tax
  • costs for mining activities (for example equipment and electricity)

Costs for mining activities do not count toward allowable costs because they’re not wholly and exclusively to acquire the cryptoassets, and so cannot satisfy the requirements of section 38(1)(a) Taxation of Capital Gains Act 1992 (but it is possible to deduct some of these costs against profits for Income Tax or on a disposal of the mining equipment itself).

If the mining amounts to a trade for tax purposes the cryptoassets will initially form part of trading stock. If these cryptoassets are transferred out of trading stock, the business will be treated as if they bought them at the value used in trading accounts. Businesses should use this value as an allowable cost in calculations when they dispose of the cryptoassets. More information can be found in the HMRC capital gains manual (CG69220).

Pooling

Pooling under section 104 Taxation of Capital Gains Act 1992 allows for simpler Capital Gains Tax calculations. Pooling applies to shares and securities of companies and also “any other assets where they are of a nature to be dealt in without identifying the particular assets disposed of or acquired”. HMRC believes cryptoassets fall within this description, meaning they must be pooled.

Instead of tracking the gain or loss for each transaction individually, each type of cryptoasset is kept in a ‘pool’. The consideration (in pound sterling) originally paid for the tokens goes into the pool to create the ‘pooled allowable cost’.

For example, if a person owns bitcoin, ether and litecoin they would have three pools and each one would have it’s own ‘pooled allowable cost’ associated with it. This pooled allowable cost changes as more tokens of that particular type are acquired and disposed of.

If some of the tokens from pool are sold, this is considered a ‘part-disposal’. A corresponding proportion of the pooled allowable costs would be deducted when calculating the gain or loss.

Individuals must still keep a record of the amount spent on each type of cryptoasset, as well as the pooled allowable cost of each pool.

Full white paper link HERE: https://www.gov.uk/government/publications/tax-on-cryptoassets/cryptoassets-for-individuals

 

 

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