What you need to do immediately to protect yourself
You need to adopt a Safe Harbor Allocation Plan. As experts in crypto taxation, we have developed an optimal plan that all traders can use.
It is free and without obligations and meets all the IRS requirements.Â
By adopting the plan, you create a formal, date-stamped, and signed document for your personal records. However, you must adopt a plan by December 31, 2024, so do not wait.Â
Transitional Guidance in Revenue Procedure 2024-28
Form 1099-DA will report the cost basis for digital assets acquired on or after January 1, 2025. Revenue Procedure 2024-28 is intended to help taxpayers transition to the new reporting requirements smoothly.
For taxpayers who have been using a general approach to assigning cost basis, Revenue Procedure 2024-28 allows them to make a "reasonable allocation" of cost basis into their existing wallets or accounts. Taxpayers can achieve this allocation using one of the following methods:
1. Specific Unit Allocation:
If you have previously used the Specific ID method, you can continue to do so with Specific Unit Allocation. Assets previously identified can remain unchanged, while any remaining unspecified assets can have their cost basis assigned by asset type within each wallet or account.
Deadline: The earlier of (1) the date and time of the first sale of the asset for which you want to allocate cost basis, or (2) the due date of your federal income tax return.
2. Global Unit Allocation:
Alternatively, taxpayers can use Global Unit Allocation. This method involves establishing an ordering rule to allocate the cost basis across different accounts.
For instance, a global allocation might involve identifying units with the earliest or latest acquisition dates, along with the highest or lowest amounts of unused cost basis, and allocating these units successively across wallets A, B, and C.
Deadline: The later of (1) the date and time of the first sale of the asset for which you want to allocate cost basis, or (2) the due date of your federal income tax return.
Missing Cost Basis When Transferring Between Brokers
With traditional stocks, transferring assets from one broker to another requires the original broker to provide the new broker with the asset’s cost basis and acquisition date. However, digital asset brokers currently do not have the same setup.
Most crypto traders frequently move digital assets between different accounts, sometimes even several times within a single transaction. Given that IRS regulations permit brokers to leave the cost basis blank if an asset was transferred from another broker, most brokers will likely opt for this approach. As a result, taxpayers will encounter missing cost basis information for any digital asset transferred to a different wallet or account.
IRS Safe Harbor Transitional Relief
The IRS provides transitional relief via Revenue Procedure 2024-28, allowing taxpayers to allocate unused cost basis for digital assets as of January 1st, 2025.
Taxpayers must take a snapshot of account balances and decide on an allocation method—Specific Unit Allocation or Global Allocation—before January 1st, 2025, to avoid penalties.
The Specific Unit Allocation must be made before January 1st, 2025, or before the first sale, disposition or transfer of crypto assets completed on or after January 1st, 2025.
A method using the Global Allocation rules must be chosen before January 1st, 2025, but can be applied afterwards.
Act Before January 1st, 2025
If the Specific Unit Allocation is used, taxpayers must:
- Reconcile your crypto transactions up through December 31st, 2024.
- Take a snapshot of your account balances on December 31st, 2024, with timestamps.
- Allocate the units of unused cost basis to your holdings before January 1st, 2025, or before the first sale, disposition or transfer of crypto assets completed on or after January 1st, 2025.
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Many taxpayers may not be able to use the Specific Unit Allocation, thus defaulting to the Global Allocation.
The following actions are required for the Global Allocation:
- Agree to a reasonable Global Allocation method before January 1st, 2025 and save it to your books and records.
- Inventory Your Crypto Assets: Take a snapshot of your account balances on December 31st, 2024, with timestamps.