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Capital Gains tax-Crypto?

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  • Registered Users Posts: 5 Mickey Mania


    Just wondering, if you do crypto to crypto trades and are liable to pay tax, let's say someone sold AVAX into Polkadot and made a profit. Is it possible to sell a portion of that Polkadot off just to pay for tax or is that in itself a taxable event?


  • Registered Users Posts: 26,195 ✭✭✭✭Peregrinus


    Just wondering, if you do crypto to crypto trades and are liable to pay tax, let's say someone sold AVAX into Polkadot and made a profit. Is it possible to sell a portion of that Polkadot off just to pay for tax or is that in itself a taxable event?
    In principle it's a taxable event. But of course there's only a tax liability if and to the extent that the Polkadot you sell has risen in value since you acquired it.

    You can, if you wish, avoid the problem by not buying the Polkadot in the first place - i.e. when you sell the AVAX calculate your gain, calculate your CGT liablity on that gain and then sell the appropriate part of your AVAX not for Polkadot but for actual cash money, which you then set aside until tax time. Saves you commission on buying and selling the Polkadot, and saves you the risk that the Polkadot will appreciate while you hold it, thus triggering a further tax liability when you sell the Polkadot.

    Of course, you might be lucky. Your Polkadot holding might plummet in value, which would not only avoid any CGT liablity on sale at tax time, but might even generate a useful loss which could be used to reduce your tax liability on the earlier transaction. :)


  • Registered Users Posts: 5 Mickey Mania


    Peregrinus wrote: »
    In principle it's a taxable event. But of course there's only a tax liability if and to the extent that the Polkadot you sell has risen in value since you acquired it.

    You can, if you wish, avoid the problem by not buying the Polkadot in the first place - i.e. when you sell the AVAX calculate your gain, calculate your CGT liablity on that gain and then sell the appropriate part of your AVAX not for Polkadot but for actual cash money, which you then set aside until tax time. Saves you commission on buying and selling the Polkadot, and saves you the risk that the Polkadot will appreciate while you hold it, thus triggering a further tax liability when you sell the Polkadot.

    Of course, you might be lucky. Your Polkadot holding might plummet in value, which would not only avoid any CGT liablity on sale at tax time, but might even generate a useful loss which could be used to reduce your tax liability on the earlier transaction. :)

    So, if Polkadot went up 3x in value and one sold a smaller portion of it to pay for tax on the previous trade, that would then be a taxable event?

    In relation to the second point, is the tax not owed on the previous trade? So if Polkadot plummeted in value, wouldn't you have to sell more Polkadot to account for the gains made on the previous trade? There was a tax assistant in the U.S. who sold his Bitcoin into Alts, made gains, but his portfolio plummeted, he still owed the IRS 50k on the original trade.


  • Registered Users Posts: 26,195 ✭✭✭✭Peregrinus


    So, if Polkadot went up 3x in value and one sold a smaller portion of it to pay for tax on the previous trade, that would then be a taxable event?
    Yes.
    In relation to the second point, is the tax not owed on the previous trade? So if Polkadot plummeted in value, wouldn't you have to sell more Polkadot to account for the gains made on the previous trade? There was a tax assistant in the U.S. who sold his Bitcoin into Alts, made gains, but his portfolio plummeted, he still owed the IRS 50k on the original trade.
    Well, let's do a little worked example (in which I will completely ignore transaction costs and the small gains exemption, to keep things simple).

    I buy €100 worth of Bitcoin. Years later I dispose of it, at a time when it's worth €5,000. My gain, obviously, is €4,900. CGT on that at 33% would be €1,617.

    When I dispose of my Bitcoin, I do so by swapping it for Alts worth, obviously, €5,000. By the end of the year, when the time comes to pay my tax, let's say this has fallen to €3,000.

    I now have a choice:

    I can do nothing. I have only one chargeable transaction to report and it will result in a tax bill, as already calculated of €1,617. I'll have to find the cash to pay this somewhere.

    Or, before the end of the year I can dispose of my Alts for another crypto, or for cash, or for anything, really. It doesn't matter. The disposal of the Alts is a second chargeable transaction, resulting in a loss of €(5,000 - 3,000 =) 2,000.

    So now my CGT return for the year will show two transactions occurring in the year, one resulting a gain of €4,900 and the other resulting in a loss of €2,000. I can set the loss off against the gain. Net gains for the year are €(4,900 - 2,000 =) €2,900. CGT on that at 33% is €957. So I've saved €660 in tax. But note that I can only do this because I disposed of the Alts; until I dispose of the Alts, I don't have either a loss or a gain, regardless of what the price may be doing.

    Plus, I no longer hold any crypto. What I have (assuming I sold the Alts for cash) is €3,000 that I got from selling the Alts, less €957 that I have paid to the Revenue, leaving me with €2,047 - still a lot more than the €100 I started off with all those years ago, but a lot less than I'd have if I'd never bought the bloody Alts in the first place. If I haven't been scared off my experience with the Alts I can, of course, use my €2,047 to buy more crypto - Alts, or something else.


  • Moderators, Business & Finance Moderators Posts: 2,449 Mod ✭✭✭✭Rob2D


    I'm going to figure out my tax one of these days but just had a look there and apparently you've to register first. Then that led me to another thing where you need a GovID or something. So more registration.

    Just a heads up to those who were going to leave it to the last minute. You might want to get this all lined up first.


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  • Registered Users Posts: 849 ✭✭✭Connavar


    Rob2D wrote: »
    I'm going to figure out my tax one of these days but just had a look there and apparently you've to register first. Then that led me to another thing where you need a GovID or something. So more registration.

    Just a heads up to those who were going to leave it to the last minute. You might want to get this all lined up first.
    The revenue site is a mess. Pretty unclear as to what is needed.
    Need to get a tax registraiton number in order to register for CGT by the looks of it but to get one you seem to need to register as a sole trader which feels wrong to me.
    Am I missing something here?


  • Registered Users Posts: 10,905 ✭✭✭✭Bob24


    Rob2D wrote: »
    I'm going to figure out my tax one of these days but just had a look there and apparently you've to register first. Then that led me to another thing where you need a GovID or something. So more registration.

    Just a heads up to those who were going to leave it to the last minute. You might want to get this all lined up first.

    You mean for CGT registration?


  • Registered Users Posts: 4,074 ✭✭✭relax carry on


    Connavar wrote: »
    The revenue site is a mess. Pretty unclear as to what is needed.
    Need to get a tax registraiton number in order to register for CGT by the looks of it but to get one you seem to need to register as a sole trader which feels wrong to me.
    Am I missing something here?

    The link below from the Revenue website tells you what to do as a PAYE employee with CGT. Put simply register for the CGT taxhead. Pay the CGT due in the year the CGT is due. File a pdf CG1 the following year by 31st October.

    https://www.revenue.ie/en/gains-gifts-and-inheritance/transfering-an-asset/when-and-how-do-you-pay-and-file-cgt.aspx


  • Registered Users Posts: 849 ✭✭✭Connavar


    The link below from the Revenue website tells you what to do as a PAYE employee with CGT. Put simply register for the CGT taxhead. Pay the CGT due in the year the CGT is due. File a pdf CG1 the following year by 31st October.

    https://www.revenue.ie/en/gains-gifts-and-inheritance/transfering-an-asset/when-and-how-do-you-pay-and-file-cgt.aspx
    Saw that page alright. It's the register for CGT taxhead part that is confusing me a bit.
    Will have a proper look later as was doing it a bit on the side


  • Registered Users Posts: 2,555 ✭✭✭Irish_rat


    quinneerr wrote: »
    Here is what you do, most here have put $1000 into crypto, made it to $5000 and are worried about the tax man.
    The reality is your life in Ireland will continue to be one of the 9 to 5 grind, so forget about your $1000 initial investment, its gone.
    Your goal now is to keep rolling over profits, trade after trade, increase your $1000 to $5000 than onwards to $10,000, let that baby ride, soon be at $20,000, keep at it and you will get to $50,000 , now your sucking diesel, starting to make money, just a decent trade away form $100,000, you can do it, as has been proven by many, once you hit $100,000, you enter six figure hell, its a lot of money, but not enough to change your life.
    After trading up to $100,000, you will have run up a ridiculous CGT bill on every trade, you would be lucky to cash out $25,000, to hell with that, after all the work you put in, all the risk you took, you now accept as fact your road is now coming to a fork, Irish prison for tax evasion or the GOOD life in Portugal.
    You are now within touching distance of a life of freedom, an actual life where you will be living, not working in a job you have zero interest in keep trading.
    $100,0000 to $200,000 to $400,000 to $800,000 to $1,600,000, you are only FOUR trades away from making it, this opportunity that we have been presented with Crypto is a once in a lifetime , don't squander it by cashing out you initial $1000 and then dribs and drabs of your trading profits, only to be raging as you had over 33%+ to FF/FG ,the bastards that have you working like a dog and getting nowhere in life.
    Keep trading, dream the dream, you don't want to be 66 and retiring (probably 70 at the rate we are going) and getting a poxy watch from your employer for 40 years of loyal service, now on a miserable pension in a dog box apartment and all the time wondering what life could have been like if i only kept going with crypto back in 2021.
    All or nothing, the good life or working till 70 and always wondering what if..........

    Some people don't need to have a million bucks but the 4% rule works very well. I think I would consider my 9-5 if the house is paid off and I've 500k. Plenty of good staking platforms to live off probably a fifth of that even


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  • Registered Users Posts: 273 ✭✭Greenlights16


    don't you have to be in portugal to spend the money though? I.E. you would need to move there, it can't be as simple as getting all of your fortune deposited into a Portuguese bank account, withdraw it in lumps every so often by flying over and back from Ireland?


  • Registered Users Posts: 407 ✭✭HGVRHKYY


    don't you have to be in portugal to spend the money though? I.E. you would need to move there, it can't be as simple as getting all of your fortune deposited into a Portuguese bank account, withdraw it in lumps every so often by flying over and back from Ireland?

    You need to live and be tax resident in Portugal for more than 3 years


  • Registered Users Posts: 69 ✭✭quinneerr


    HGVRHKYY wrote: »
    You need to live and be tax resident in Portugal for more than 3 years

    From what i have read online to avoid Tax in Ireland, not in Portugal.
    Move to Portugal tomorrow, open Bank account, deposit money from Crypto account and live the good life, Portugal Tax man is not interested.


  • Registered Users Posts: 47 SkyRevNet


    quinneerr wrote: »
    From what i have read online to avoid Tax in Ireland, not in Portugal.
    Move to Portugal tomorrow, open Bank account, deposit money from Crypto account and live the good life, Portugal Tax man is not interested.

    Portugese tax man is not interested. But Irish Revenue will be.

    You may ask, how will they find out? Well they might, they might not, that's the risk you take. If you're confident they would never find out then there would be no need to leave Ireland in the first place.

    If they do find out, and you're in Portugal, I would be surprised if they couldn't pursue you in another EU state.


  • Registered Users Posts: 69 ✭✭quinneerr


    Do posters believe the Irish Tax man keeps eyes on everyone who leaves Ireland to move abroad?
    We are a people that have a lot of emigration, i cant see it as something that the Tax man does.


  • Registered Users Posts: 47 SkyRevNet


    quinneerr wrote: »
    Do posters believe the Irish Tax man keeps eyes on everyone who leaves Ireland to move abroad?
    We are a people that have a lot of emigration, i cant see it as something that the Tax man does.

    They do. You're probably less likely to fall foul of them if you're registered abroad, especially after a couple of years, but ultimately, you can still pop up on their radar and be pursued.


  • Registered Users Posts: 4,074 ✭✭✭relax carry on


    quinneerr wrote: »
    Do posters believe the Irish Tax man keeps eyes on everyone who leaves Ireland to move abroad?
    We are a people that have a lot of emigration, i cant see it as something that the Tax man does.

    I'm not going to bother finding the links about automatic exchange of information globally as it's been posted before but there is no taxman physically keeping tabs on you. What there is, are data analytics programs reviewing data received from around the globe under the various exchange agreements. Take your chances but do so in the full knowledge that it may eventually catch up with you.


  • Registered Users Posts: 10,905 ✭✭✭✭Bob24


    Take your chances but do so in the full knowledge that it may eventually catch up with you.

    And if people get caught later on, face your responsibilities and don't come crying that you don't have the cash to pay for tax arrears and penalties and that you are the victim in this situation. It is a bit like those Irish people who settle in the US illegally and because they don't get caught immediately assume everything is going to be OK forever. It might feel good in the short term but when past responsibilities catch-up with you it can hit hard.


  • Registered Users Posts: 407 ✭✭HGVRHKYY


    quinneerr wrote: »
    Do posters believe the Irish Tax man keeps eyes on everyone who leaves Ireland to move abroad?
    We are a people that have a lot of emigration, i cant see it as something that the Tax man does.

    Outside the EU, you're probably grand, but honestly it's absolutely possible for EU countries to communicate and cooperate with each other. If you moved home with new wealth in less than 3 years and got audited, revenue would likely be able to find info from Portugal. Better off just doing it all above board. If you're relocating for this anyway you'd have a good tax advisor to help, and you'd likely have enough money after then to move somewhere like Switzerland or Malta

    The 3 year rule is yet another harsh, disgraceful term in place to punish us for trying to better our financial situations though


  • Registered Users Posts: 47 SkyRevNet


    HGVRHKYY wrote: »
    The 3 year rule is yet another harsh, disgraceful term in place to punish us for trying to better our financial situations though

    No, it's designed to stop tax evaders, who know they are due large gains, from moving to low/non tax countries and then "realising" those gains.


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  • Registered Users Posts: 179 ✭✭Lorne Malvo


    You transfer your coins to a cold wallet; you then relocate to a tax haven, such as Portugal, set up residency and take out your coins there and convert to fiat...all above board or am I missing something?


  • Registered Users Posts: 4,074 ✭✭✭relax carry on


    You transfer your coins to a cold wallet; you then relocate to a tax haven, such as Portugal, set up residency and take out your coins there and convert to fiat...all above board or am I missing something?

    Yes. The last few pages.


  • Registered Users Posts: 10,905 ✭✭✭✭Bob24


    SkyRevNet wrote: »
    No, it's designed to stop tax evaders, who know they are due large gains, from moving to low/non tax countries and then "realising" those gains.

    Actually one question I would have is: is the Irish CGT liability lifted/reduced if the person also has a CGT liability in their new tax residence related to the same asset disposal?

    I do not know the answer but it would influence whether I agree with the above. If Ireland is double-taxing people who have already paid a tax in their new country of tax residence, it is shameless confiscation with no moral justification. If it only applies to people who have moved to a country with no equivalent taxation, then I would agree it serves a purpose to prevent tax tourism (although it still is arguable whether it is justified to tax someone who isn't living here anymore and not entitled for public services and benefits).


  • Registered Users Posts: 407 ✭✭HGVRHKYY


    SkyRevNet wrote: »
    No, it's designed to stop tax evaders, who know they are due large gains, from moving to low/non tax countries and then "realising" those gains.

    And we all know what would at least improve things to reduce the incentive for such people: having a fair and reasonable CGT rate and more convenient setup for things like index funds/ETFs


  • Registered Users Posts: 47 SkyRevNet


    Bob24 wrote: »
    Actually one question I would have is: is the Irish CGT liability lifted/reduced if the person also has a CGT liability in their new tax residence related to the same asset disposal?

    I do not know the answer but it would influence whether I agree with the above. If Ireland is double-taxing people who have already paid a tax in their new country of tax residence, it is shameless confiscation with no moral justification. If it only applies to people who have moved to a country with no equivalent taxation, then I would agree it serves a purpose to prevent tax tourism (although it still is arguable whether it is justified to tax someone who isn't living here anymore and not entitled for public services and benefits).

    I know for other tax heads (e.g. Income Tax), you get a full credit for any tax paid to countries with which Ireland has a double tax agreement. So you effectively only pay the Revenue the difference between Irish Tax liabiltiy and the Foreign Tax liability.

    Where tax is paid to a non-DTA country, it basically operates as a "deductible expense" that reduces your "gain/income".

    I assume the same treatment applies for CGT


  • Registered Users Posts: 47 SkyRevNet


    HGVRHKYY wrote: »
    And we all know what would at least improve things to reduce the incentive for such people: having a fair and reasonable CGT rate and more convenient setup for things like index funds/ETFs

    What's fair and reasonable is subjective.

    I would rather see the government incentivise investment in assets that provide tangible benefits to the local/national economy, not necessarily incentivising investment in share/asset speculation.

    Anyway, combined Income tax rates are in and around 30% for most people, so it's no less "fair and reasonable" than that. (In fact, it's even higher if you take Employer PRSI into account).


  • Registered Users Posts: 407 ✭✭HGVRHKYY


    SkyRevNet wrote: »
    What's fair and reasonable is subjective.

    I would rather see the government incentivise investment in assets that provide tangible benefits to the local/national economy, not necessarily incentivising investment in share/asset speculation.

    Anyway, combined Income tax rates are in and around 30% for most people, so it's no less "fair and reasonable" than that. (In fact, it's even higher if you take Employer PRSI into account).

    Yes, so you're already paying high taxes on your income, which is fair enough as it's the largest tax bracket, and you are guaranteed your salary if working. But then, against all odds in this extortionate country, manage to save some disposable cash, which is also taxed for simply being in your bank account, and decide you really need to invest it if you stand any chance to actually get yourself some bit ahead. So you take the time and make the effort to research it all, and then you ultimately make the risk with that disposable income, which you've already been taxed on, and if you succeed, congratulations that'll be a third of your profits, thank you! Not everyone who's investing is someone who was born with a silver spoon and should have their profits gouged in the interest of income inequality. We're actively dragging down people who are definitely the type of people who would generally end up using their profits down the line to start further businesses or invest in start ups. It's a double tax on people intelligent and motivated enough to try and better their lot in life, and the same people get **** all to show for it in terms of public services, we don't even have proper universal healthcare

    CGT accounts for just over 1% of the annual tax take, you'd swear it actually collected loads of taxes with how ridiculously punishing it is and the pathetic "income inequality" reasoning thrown about by some people


  • Registered Users Posts: 10,905 ✭✭✭✭Bob24


    SkyRevNet wrote: »
    I know for other tax heads (e.g. Income Tax), you get a full credit for any tax paid to countries with which Ireland has a double tax agreement. So you effectively only pay the Revenue the difference between Irish Tax liabiltiy and the Foreign Tax liability.

    Where tax is paid to a non-DTA country, it basically operates as a "deductible expense" that reduces your "gain/income".

    I assume the same treatment applies for CGT

    I agree that double-taxing wouldn’t be reasonable in principle, but I wouldn’t assume anything when it comes to waiving tax liabilities. I only believe it when I see it black on white.

    The reason I am asking actually is that I have looked at some tax treaties before and didn’t see CGT mentioned.

    For exemple see here the one with France: https://www.revenue.ie/en/tax-professionals/documents/double-taxation-treaties/f/france.pdf

    If you move to France and become a tax resident there, you will become liable for the French CGT regime immediately. Meaning for exemple 30% CGT if you sell some company shares you had purchased while living in Ireland (very close to the Irish rate, no one would move there for tax evasion purpose).

    However based on Irish law you are still liable for 33% Irish CGT *as well* for the 3 years after leaving Ireland and I don’t see anything in the tax treaty saying this is waived. I.e. a total of 63% CGT (30% to the French taxman and 33% to the Irish one).

    If you have written documentation that this is incorrect I would be reassured and agree the 3 years rule might be to avoid tax tourism. But otherwise if there is no documented exception to the written rule of 3 years of continuous liability, in my view it would just be shameless confiscation with no justification.


  • Registered Users Posts: 179 ✭✭Lorne Malvo


    Yes. The last few pages.

    could you? thanks


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  • Registered Users Posts: 47 SkyRevNet


    Bob24 wrote: »
    I agree that double-taxing wouldn’t be reasonable in principle, but I wouldn’t assume anything when it comes to waiving tax liabilities. I only believe it when I see it black on white.

    The reason I am asking actually is that I have looked at some tax treaties before and didn’t see CGT mentioned.

    For exemple see here the one with France: https://www.revenue.ie/en/tax-professionals/documents/double-taxation-treaties/f/france.pdf

    If you move to France and become a tax resident there, you will become liable for the French CGT regime immediately. Meaning for exemple 30% CGT if you sell some company shares you had purchased while living in Ireland (very close to the Irish rate, no one would move there for tax evasion purpose).

    However based on Irish law you are still liable for 33% Irish CGT *as well* for the 3 years after leaving Ireland and I don’t see anything in the tax treaty saying this is waived. I.e. a total of 63% CGT (30% to the French taxman and 33% to the Irish one).

    If you have written documentation that this is incorrect I would be reassured and agree the 3 years rule might be to avoid tax tourism. But otherwise if there is no documented exception to the written rule of 3 years of continuous liability, in my view it would just be shameless confiscation with no justification.

    I just had a quick look of the relevent section of the CGT tax act. Looks like it effectively states that Double Tax Rules of the Income Tax also apply to CGT. See S38 of CGT Act.


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