07/07/2023
The United States District Court for the Northern District of California has ordered Kraken to disclose account and transaction information to the IRS. As a result, Kraken will be forced to turn over user information, such as names, birthdates, taxpayer identification numbers, addresses, phone numbers, and email addresses.
Last February, the IRS petitioned the court to obtain this disclosure, claiming that it needed the information to determine if any of the exchange’s users had underreported their taxes between 2016 and 2020. That said, because the IRS only has so many resources to enforce the tax code, the IRS decided to only target larger traders by only requesting information for individuals who traded over $20,000 within a calendar year. Given Kraken has millions of users and only an estimated 1.62% of cryptocurrency holders paid taxes in 2022, the IRS will likely determine many traders failed to properly report capital gains, especially as Bitcoin skyrocketed from roughly $27 in 2011 to $30,000 by the end of 2020.
The move by the IRS comes against a broader push for increased tax enforcement. Under the Inflation Reduction Act signed by Joe Biden in 2022, the IRS received $80 billion in increased funding. The IRS claimed that the increased budget will enable it to close the nearly $600 billion annual gap between the taxes the IRS collects and the taxes the IRS is owed. Though crypto tax enforcement was not a focus of the bill, the IRS appears to be investing its resources into getting a grip on cryptocurrency, an industry known for tax avoidance.
Here is the full court order issued against Kraken:
https://storage.courtlistener.com/recap/gov.uscourts.cand.407965/gov.uscourts.cand.407965.34.0.pdf
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