Hello,
I'm trying to make some sense of HMRCs Bitcoin Brief and how it relates to my situation. I'd very much appreciate it if anyone could help.
https://www.gov.uk/government/publications/revenue-and-customs-brief-9-2014-bitcoin-and-other-cryptocurrencies/revenue-and-customs-brief-9-2014-bitcoin-and-other-cryptocurrencies
My situation is I've used a small amount of my money (less than 5% of savings) on purchasing Bitcoin and about 15 other cryptocurrencies. I hope to realise gains on them over a timescale of months to years.
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From the Brief
Quote:
Chargeable gains: CT and CGT - if a profit or loss on a currency contract is not within trading profits or otherwise within the loan relationship rules, it would normally be taxable as a chargeable gain or allowable as a loss for CT or CGT purposes. Gains and losses incurred on Bitcoin or other cryptocurrencies are chargeable or allowable for CGT if they accrue to an individual or, for CT on chargeable gains if they accrue to a company.
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I don't understand the phrase
"not within trading profits or otherwise within the loan relationship rules". Could anyone explain this to me or point me to somewhere to learn more?
I also don't understand whether I treat all cryptocurrencies within my portfolio as equivalent, with a chargeable event only happening when I convert one of the cryptocurrencies back to Sterling? Or is a direct conversion between two cryptocurrencies (say Bitcoin to Ethereum) a chargeable event?
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Also from the brief
Quote:
....depending on the facts, a transaction may be so highly speculative that it is not taxable or any losses relievable.. For example gambling or betting wins are not taxable and gambling losses cannot be offset against other taxable profits..
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I'm not sure if the concept of ICOs (Initial Coin Offerings) existed when the brief was written in 2014. But do you think it could be argued that a purchase of an ICO is so highly speculative that it should not be taxable?
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Finally, I've seen it mentioned online that the relevant tax for those trading cryptocurrencies is income tax rather than capital gains tax (although its not apparent to me where this comes from).
To be able to invest in multiple cryptocurrencies I do have to engage in trading-like activity: Buy Bitcoin using Sterling -> send it to a trading exchange (e.g. Bittrex) -> convert it to a different cryptocurrency. This is because you can't convert Sterling directly to most cryptocurrencies (at least not easily).
However, I consider what I do to be more akin to investing rather than trading (since aside from sometimes buying Bitcoin to enable purchase of a different cryptocurrencies, the intention is always to hold the other cryptocurrency for at least a few months rather than profit from any within day price movements) and so I believe CGT and not IT is the correct tax for my activities. Is this fair?