Case of the Month – Crypto Chaos to Compliance!

Case of the Month – Crypto Chaos to Compliance!

Introduction

A client approached us with a mix of traditional employment income and significant cryptocurrency activity. On top of trading, they were paid in crypto for providing freelance services in content creation. They had already used specialist crypto tax software but were concerned about its accuracy and wanted our expert review before submitting their self-assessment.

Issue

Two challenges stood out:
1. Tax treatment: We needed to review each type of crypto activity – trading, income from content creation, and other transactions – to determine the correct tax treatment.
2. Software accuracy: Specialist crypto tax software is a great tool but not always perfect. Errors can arise from:
o Missing or misclassified transactions
o Inaccurate token pricing
o Unmatched deposits and withdrawals
o Complex DeFi transactions the software can’t handle automatically
The client wanted our review to add value beyond what the software alone could provide.

 

How we solved it

As part of our review service, we:
• Reviewed all crypto data in the software;
• Analysed each type of crypto activity to confirm the correct tax position;
• Checked largest gains, losses and problem areas;
• Reconciled missing costs, unmatched deposits, and withdrawals
• Reviewed DeFi activity manually where the software struggled;

The outcome

Following our review service, we were able to provide the client with a more accurate tax report to ensure they didn’t overstate or understate their liabilities. We then prepared their self-assessment tax return to report these liabilities to HMRC.

Our review gave the client assurance they couldn’t get from software alone. By reviewing each type of activity and correcting key errors, we ensured their crypto tax position was accurate and HMRC-compliant, giving them peace of mind when filing their return.

 

Next steps

If this case sounds familiar please do get in touch.

Crypto and Inheritance Tax

Crypto and Inheritance Tax

Preparing for the Unpredictable with Crypto and Inheritance Tax

 

They say only two things in life are certain: death and taxes. But when it comes to cryptoassets, certainty is in short supply, particularly over the long term. The value of your digital holdings in 30 years could triple, or be close to nothing (who knows!).

 

One more certain thing: if you’re a UK-domiciled individual, your cryptoassets could be subject to Inheritance Tax (IHT) on your death.

 

So, if you could take steps today to protect that value (whatever it may be in future) wouldn’t you want to?

The Basics

 

Inheritance Tax is a tax on the estate (property, money, and possessions) of someone who has died. In the UK, the standard rate is 40%, applied to the value of the estate above the nil-rate band, which is currently £325,000.

Cryptoassets, for legal and tax purposes, are treated as personal property. This means they form part of your estate and are therefore assessable for IHT purposes. They can also be held within a trust.

 

Practical Challenges

 

Valuation

 

Given the high volatility of cryptoassets, it is crucial to obtain an accurate valuation of crypto holdings as at the date of death. This is easier said than done and may require retrospective valuation evidence or professional assistance to ensure accuracy.

 

Access

 

While IHT applies based on the value of the estate, access to that crypto presents a unique problem.

Unlike traditional financial assets (e.g., bank accounts, investments, or property), cryptocurrencies are stored in digital wallets, which can only be accessed using private keys, passwords, seed phrases, or login credentials.

Without these details, your Executors will be unable to access the assets. This makes proper planning and secure transmission of this information essential when incorporating any gift of cryptoassets in your will.

 

Lost Crypto

 

We have seen first-hand a situation where a client’s relative passed away holding a substantial crypto portfolio. Unfortunately, with no private key or access details left behind, the crypto could not be accessed and was ‘lost’ forever.

In that case, despite the assets being inaccessible, without applying reliefs they were still technically liable for IHT on their value at the date of death. So, does this mean you have a hefty IHT bill without the funds to pay it? That doesn’t seem fair to us.

There is a provision which considers changes in the value of the estate’s assets caused by death (e.g., if access is lost due to death) that can be taken into account. Therefore, if crypto becomes irrecoverable because of death, there may be an argument that the fall in value should be treated as if it occurred before death, reducing the tax burden. However, this is a nuanced and evolving area, HMRC guidance does not give a view on this and it is yet to be tested in the courts.

 

Planning Ahead

 

With the above challenges in mind, it’s important to plan ahead. Despite the complications, the core principles of estate planning still apply.

However, a balance needs to be struck between planning to reduce IHT, providing clear access instructions in the event of your death, and maintaining the security of those assets during your lifetime (and post-death).

 

Examples of IHT Planning

 

  1. Gifting: Gifting cryptocurrency during your lifetime can reduce your estate’s value, and if you survive seven years, the gift may be fully exempt from IHT.
  2. Spousal Transfers: Transferring crypto to a spouse or civil partner is IHT-exempt and helps defer tax until the surviving partner’s death.
  3. Life Insurance Policies: A life insurance policy written in trust can be used to cover the IHT liability arising from crypto holdings.
  4. Use of Trusts: Placing cryptoassets into discretionary trusts can be a useful tool for passing on the assets securely and removing them from your estate for IHT purposes.
  5. Use of Family Investment Companies (FICs): Holding crypto in an FIC may allow control while transferring value to the next generation in a tax efficient way.

 

Other Practical Steps

 

  1. Keeping a clear inventory – What assets do you own? On which platforms or wallets are they held? Are they staked or part of a liquidity pool?
  2. Secure but separate storage of sensitive data – Avoid listing private keys in your will. Instead, reference a securely stored, encrypted inventory, and review this data regularly.
  3. Security planning – Use multi-signature wallets, trusted family members as co-signers, or “Dead man’s switch” mechanisms.
  4. Use a solicitor – Ensure your will makes express reference to your cryptoassets and clearly sets out how they are to be passed on, and to whom.

 

A Word on Mindset

 

Cryptoassets should be treated like any other estate asset. But due to the nature of the technology, and the mindset of many crypto enthusiasts, planning can be more complicated than for traditional holdings.

Many holders pride themselves on autonomy and privacy. But without practical estate planning, that same autonomy could result in family members being left with no access to the cryptoassets.

 

Conclusion

 

Crypto is volatile, complex, and often misunderstood. But that doesn’t mean it can be ignored for inheritance planning purposes. On the contrary, it makes planning all the more important, not only to preserve value but also to ensure those precious assets land safely in the hands of your loved ones.

If you or your clients hold cryptoassets, there is no time like the present to take stock, plan sensibly, and put the necessary safeguards in place. The earlier you plan, the better. That way, the value – whatever it may be in future – has the best chance of making it into the hands of those you care about, and not just HMRC.

 

Next Steps

 

If you would like tailored advice on cryptoassets and inheritance tax planning, please get in touch with the team at ETC Tax and we’d be happy to help.

Head over to our crypto section on our website to see how we can support you when dealing with our crypto.

Think crypto is outside HMRC’s reach, think again!

Think crypto is outside HMRC’s reach, think again!

Updates to Crypto Tax Reporting

 

For those of you that still think crypto is outside HMRC’s reach, think again!

Whether you’re a casual trader, a long-term holder of crypto, or someone dabbling in NFTs, HMRC will increasingly be able to track you down.

Most people now realise that cryptoassets are taxable, but it’s not just when you sell tokens for cash. Swapping one cryptocurrency for another, say, trading Bitcoin for Ethereum, counts as a disposal, and if there’s a profit, it’s likely to be taxable.

Using crypto to buy a pizza, a new laptop, or even giving it away in some circumstances? That, too, could be a taxable event.

 

Tax returns are getting a crypto update

 

In fact soon there’ll be a specific section just for crypto activity on your self-assessment tax return.

You’ll need to disclose the type of tokens you hold, when you bought or received them, how many you’ve got, and their value in pounds at the time of the transaction.

That means no more guesswork. You’ll need proper records.

HMRC advises keeping digital wallet addresses, dates of transactions, and bank statements. And if HMRC decides to investigate? Well in certain circumstances, they can look back as far as 20 years.

Right now, crypto exchanges don’t automatically report your activity to HMRC. But that’s also changing.

From 2026, new global transparency rules are expected to come into play. These rules could force platforms to start handing over customer data to the tax authorities, including HMRC, similar to the way online marketplaces like eBay and Etsy now report their seller’s income.

So, if you’ve been quietly trading or earning in crypto, the window for staying under the radar is closing fast.

 

Mining, earning, and spending crypto? It All Counts

 

What about crypto mining? Well, that counts as income too and should be reported as such on your tax return.

And if you’re getting paid in cryptocurrency, you still need to account for income tax and National Insurance. In most cases, this should be taken care of through PAYE, but if it isn’t, the responsibility lies with you.

What’s more, even where income tax is accounted for, if you later sell that crypto at a profit, you could also be hit with a Capital Gains Tax bill.

 

HMRC is already taking action

 

Last year, HMRC sent letters to individuals they suspected of failing to report crypto-related income and gains with a 60-day deadline to reply.

If you’ve missed declaring income in previous tax years, there is a way to sort this out through HMRC’s disclosure facility. But be prepared, this could result in penalties and interest on unpaid tax, so if you do get a letter, it’s always best to get professional advice before you reply

The crypto world moves fast, but HMRC is catching up. Whether you’re a miner, trader, investor, or someone paid in crypto, you need to be compliant.

 

Next Steps

 

At ETC Tax, we make crypto tax compliance clear, simple, and stress-free. We understand how the rules apply, how to get your records in order, and how to protect yourself from unnecessary penalties.

If you think you might have something to declare or just want peace of mind, get in touch with us today.

 

Received an HMRC Nudge Letter?

Received an HMRC Nudge Letter?

Here’s What to Do…

Received an HMRC crypto nudge letter?

If you have received an HMRC nudge letter regarding your cryptocurrency transactions, it’s crucial to act promptly.

HMRC is intensifying efforts to ensure crypto investors pay the correct amount of tax, and these letters are part of a broader campaign targeting individuals suspected of underreporting or failing to declare their crypto gains or income.

It is important to act quickly, as ignoring this letter can result in hefty penalties, interest charges, or the dreaded brown envelope containing a lengthy tax investigation.

However, not to worry – as engaging with a qualified tax professional can ensure your position is properly considered and accurate, and help to reduce the risk of those unintended consequences.

 

Why Did You Receive a Crypto Nudge Letter?

HMRC has been gathering data from cryptocurrency exchanges and other digital asset platforms to identify individuals who may not have accurately reported their crypto activities.

The nudge letter serves as a warning that any undisclosed gains could lead to additional tax liabilities, interest, and penalties.

Over 8,000 nudge letters have already been sent out to those suspected.

 

Can HMRC Track Crypto Transactions?

Yes. HMRC has data-sharing agreements and access to crypto exchange records, allowing them to track transactions.

The UK government has also joined the international Crypto Asset Reporting Framework (CARF), enabling global data-sharing for tax purposes.

 

Action List: What to Do If You Receive a HMRC Crypto Nudge Letter

  1. Ensure Your Transactions Are Accurate
    • Assess all your cryptocurrency transactions over the past few tax years.
    • Identify taxable events such as selling, exchanging, or using crypto for purchases.
    • Understand whether your gains or income were correctly reported.
  2. Use Crypto Tax Software
    • Manual calculations can be complex, especially if you have multiple transactions.
    • There are plenty of known Crypto Tax Software tools that can help track transactions, calculate tax liabilities, and generate accurate tax reports.
  3. Contact ETC Tax
    • We recommend even if you are using a tax software tool, to ensure that the data is looked over by a tax expert specialising in crypto taxation, which is where ETC Tax can help.
    • While crypto tax software is incredibly helpful, there is always room for error in data inputting and labelling your transactions correctly
    • As tax professionals, we can help you correct those errors and ensure any reports are as accurate as possible.
  4. Communicate with HMRC
    • Do not ignore the letter, its important that you work proactively with HMRC.
    • A voluntary disclosure can help in this instance, in reducing any penalties and help avoid further consequences.
    • HMRC’s disclosure facility offers more favourable settlement terms for those who come forward voluntarily.

 

Next Steps

With HMRC’s increasing scrutiny and access to crypto transaction data, it’s more important than ever to review your tax position and ensure compliance. If you receive a nudge letter, take immediate action to review your transactions, seek professional advice, and rectify any discrepancies to avoid penalties. Please get in touch with us if you receive one of these letters.

 

Crypto Self-Assessment Tax Returns

Crypto Self-Assessment Tax Returns

Things to Be Aware Of…

Cryptocurrency has rapidly grown in popularity, and as more people invest in Bitcoin, Ethereum, and other digital currencies, it’s important to understand the tax implications. In the UK, the HMRC views cryptocurrency as property, not currency, which means gains and losses from crypto transactions may be subject to Capital Gains Tax (CGT) or Income Tax, depending on the nature of the transaction. If you hold crypto and need to file a self-assessment tax return, there are several key things you need to be aware of.

1. Understanding Taxable Events

A taxable event in the context of cryptocurrency refers to a transaction that triggers a tax liability. In the UK, the following are considered taxable events:

  • Selling crypto for fiat currency (e.g., GBP)
  • Exchanging one cryptocurrency for another
  • Using cryptocurrency to purchase goods or services
  • Receiving cryptocurrency as a form of payment or reward (mining, staking, airdrops, etc.)

It’s important to keep records of these transactions as they will determine your gains or losses.

2. Capital Gains Tax (CGT)

Most individual cryptocurrency investors will need to pay Capital Gains Tax on any profits made from selling or exchanging their digital assets. The CGT rate is dependent on your income level, with basic-rate taxpayers benefitting from a 10% rate of tax on any gains that fall within their remaining unused income tax basic rate band. Higher or additional-rate taxpayers pay a flat 20% CGT on their gains. The annual exempt amount for the current tax year 2024/25 tax year is £3,000, although the threshold was higher at £6,000 in the prior tax year (2023/24). If you have gains that are lower than the annual exemption, they are not subject to CGT.

To calculate your CGT, you must subtract the cost of acquiring the cryptocurrency (including any transaction fees) from the overall sales proceeds. If you’ve made a profit, CGT may be due on the amount exceeding your annual exemption. If you’ve made a loss, it is important to carry forward that loss to use against any future gainscl

3. Income Tax

In some cases, Income Tax rather than CGT may apply, especially if you’re actively trading, mining, staking, or receiving crypto through airdrops. Mining rewards, for example, are considered income, and the market value of the crypto at the time it was received must be declared. Similarly, if you’re seen as a frequent trader, your activities may be treated as a business, and any profits would be taxed as income.

Income Tax rates vary based on your earnings: 20% for basic-rate taxpayers, 40% for higher-rate taxpayers, and 45% for additional-rate taxpayers.

4. Keeping Accurate Records

HMRC requires you to maintain comprehensive records of all your crypto transactions, even if you don’t owe tax on them. This includes:

  • Dates of transactions
  • The value of the cryptocurrency in GBP at the time of each transaction
  • The type of transaction (buying, selling, exchanging)
  • Fees or costs associated with the transactions
  • The wallet addresses involved

These records will allow you to accurately calculate your tax liability and support your figures if HMRC asks for evidence. Cryptocurrency exchanges may not provide comprehensive reporting, so it’s crucial to maintain your own records.

5. Deductible Expenses

Certain expenses can be deducted from your taxable profits, reducing your CGT or Income Tax bill. Deductible expenses include transaction fees, withdrawal fees, and the cost of professional advice or software used to manage your crypto portfolio. However, personal costs, such as electricity used for mining at home, may not be deductible unless you are running a mining business.

6. Crypto Losses

If you’ve made a loss on your crypto investments, you can use these losses to reduce your tax bill by offsetting them against any gains. To do this, you must declare the losses on your self-assessment tax return. Unused losses can be carried forward to future tax years, which could be useful if you anticipate gains in the coming years.

7. Staking, Airdrops, and Forks

  • Staking Rewards: If you earn cryptocurrency through staking, this is usually considered income and subject to Income Tax. The value of the cryptocurrency when you receive it should be reported as income.
  • Airdrops: Receiving cryptocurrency through airdrops may also be subject to Income Tax. However, if you receive an airdrop without performing any action in return, it may not be taxable until you dispose of the crypto.
  • Hard Forks: If a cryptocurrency undergoes a hard fork, resulting in the issuance of new coins, these new coins may be subject to Capital Gains Tax when disposed of, similar to other crypto assets.

8. Deadlines and Penalties

The UK tax year runs from 6th April to 5th April of the following year. If you have crypto gains or income to declare, you must file your self-assessment tax return online by 31st January following the tax year. If you miss this deadline or underreport your crypto taxes, you could face penalties and interest charges.

9. Getting Professional Help

Crypto taxation can be complex, especially with the added volatility and unique aspects of digital assets. It’s easy to overlook taxable events or miscalculate gains. If you’re unsure about how to report your crypto transactions or calculate your tax liability, it may be worthwhile seeking professional help from a tax advisor familiar with crypto.

Final Thoughts

As the HMRC continues to refine its stance on cryptocurrency, staying compliant with tax regulations is essential to avoid hefty fines and penalties. Whether you’re an occasional crypto trader or a seasoned investor, understanding your tax obligations and keeping thorough records will ensure you file accurate self-assessment returns. Make sure to review your transactions carefully and seek advice when needed to ensure you stay on the right side of the law.

 

Next Steps

By staying informed and organised, you can minimise your tax liability while complying with HMRC’s requirements. ETC Tax is here to help you with your crypto, ensuring you’re maximising tax efficiency.

 

Incorporating Your Crypto Portfolio into a Company: Benefits and Pitfalls for UK Investors

Incorporating Your Crypto Portfolio into a Company: Benefits and Pitfalls for UK Investors

Introduction

As cryptocurrencies like Bitcoin and Ethereum become more widely accepted in the UK, we are seeing an increased number of investors exploring advanced strategies to manage their crypto holdings.

One of these strategies could involve transferring personally held assets into corporate structures as part of an overall investment strategy.

This can offer certain tax and legal benefits, but it also presents risks and complexities that must be carefully considered within the context of UK tax law. This article explores the potential benefits and pitfalls of incorporating your crypto portfolio into a company for UK investors.

Benefits of Incorporating Your Crypto Portfolio into a UK Company

Tax Efficiency and Flexibility

In the UK, incorporating your crypto portfolio could offer notable tax advantages compared to holding crypto assets as an individual. While individual investors are subject to Capital Gains Tax (CGT), which can currently range from 10% to 20% depending on income, UK corporation tax is currently set at 25% for profits over £250,000.

However, there is increased speculation in political media that new Labour Chancellor Rachel Reeves, may be about to increase the rate of CGT. Some suggestions are that it could be brought in line with income tax resulting in gains potentially being taxed as high as 45%.

The labour government pledged not to increase the rate of Corporation tax for companies, so crypto investors may opt for a safer 25% flat rate of Corporation Tax on their gains.

In addition, if you are staking your crypto currency and receiving rewards, these rewards are subject to income tax. Within a company, staking rewards would also be taxable at Corporation Tax rates which could result in further year on year savings.

Limited Liability Protection

By incorporating your crypto activities into a limited company, you create a legal separation between your personal assets and your business. This means that if your crypto investments incur significant losses or face legal complications, your personal assets are generally protected. The company’s liabilities would not extend to you personally, offering a layer of financial security in the volatile cryptocurrency market.

Retained Earnings and Reinvestment

UK companies have the flexibility to retain earnings within the business. If your company generates significant profits from its crypto portfolio, these funds can be reinvested in other ventures or used to grow the business without immediately triggering tax liabilities (other than the Corporation Tax on the yearly profits). This can be advantageous for long-term investors who want to grow their portfolios without the need for immediate cash withdrawals, which would otherwise be taxed when taken as dividends.

Professional Management and Control

Incorporating your crypto portfolio allows for a more structured approach to managing your assets. By hiring experts such as crypto accountants, legal advisors, and tax specialists, you can ensure better compliance with UK regulations and tax laws. In addition, operating as a company can streamline long-term planning, making it easier to bring in partners or transition ownership if needed.

Pitfalls of Incorporating Your Crypto Portfolio in the UK

Higher Administrative and Compliance Costs

Running a company comes with additional administrative obligations, such as filing annual accounts with Companies House, submitting Corporation Tax returns to HMRC, and maintaining accurate financial records. The costs of hiring professionals, such as accountants familiar with UK crypto regulations, will increase your expenses. These ongoing compliance and administrative costs may be a significant factor, particularly for smaller portfolios.

Double Taxation Risk

One of the major risks of incorporating your crypto portfolio is the possibility of double taxation. Profits earned by your company are subject to UK corporation tax, and if you decide to take those profits out as dividends, they will be subject to dividend tax. While there are ways to mitigate this, such as retaining profits within the company, the risk of double taxation means that careful tax planning is essential to ensure the corporate structure remains efficient.

Crypto Volatility and Risk

Cryptocurrencies are highly volatile, and incorporating your portfolio doesn’t eliminate market risk. Even within a corporate structure, your business could suffer from significant losses during a market downturn. Additionally, companies are subject to more scrutiny regarding their financial health. If your company’s crypto holdings decline substantially, it may affect your ability to secure loans, partnerships, or investment.

Limited Banking Options and Financial Hurdles

Despite growing adoption, many UK banks and financial institutions remain hesitant to work with companies that deal primarily in cryptocurrencies. You may face challenges when opening a business bank account or securing loans. Traditional financial institutions may perceive crypto activities as high-risk due to concerns over volatility, fraud, and regulatory uncertainty. Some payment processors or service providers may also be reluctant to support businesses dealing in digital assets.

Key Considerations for UK Investors Before Incorporating

Tax Planning and Professional Advice

Given the complexity of UK tax law, it’s essential to consult with tax professionals like us here at ETC Tax, who have expertise in cryptocurrencies before incorporating your portfolio. Tax planning is key to ensuring that your corporate structure is efficient and that you understand how corporation tax, dividend tax, and capital gains tax interact. Failure to properly plan could result in unexpected liabilities.

Long-Term Business Goals

Incorporating your crypto portfolio should align with your long-term investment and business goals. If you plan to hold crypto assets for personal wealth, incorporation may not be the best choice. However, if you’re looking to build a business around your crypto investments or expand into related ventures, a corporate structure can provide greater flexibility and opportunities for growth.

Business Viability and Market Conditions

Cryptocurrencies remain speculative investments, and their future is uncertain. Before incorporating, you should assess whether a corporate structure truly benefits your portfolio in terms of scalability, tax savings, and risk management, considering the volatility of the crypto market.

Conclusion

For UK investors, incorporating a crypto portfolio into a ltd company structure can offer certain advantages. However, the complexities and additional costs mean that it’s not a decision to be taken lightly.

Next Steps

Before proceeding, it’s crucial to seek professional advice from experts who understand UK cryptocurrency regulations and tax law. If your long-term goals align with the benefits of corporate structure, incorporating could be a strategic move. For others, the simplicity of holding crypto as an individual may remain the better option. ETC Tax can guide you with these regulations and tax law when dealing in crypto, please get in touch.

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