Aboutwhy sjkplawyerspracticesInsightsCase StudyNewsLocations
Tax & Customs

Crypto Tax Audit

The letter asks about digital asset transactions, and your records are spread across several exchanges, a hardware wallet, and an account on a platform that no longer exists. A crypto tax audit usually comes down to whether those records can be put back together.

Reviewed

01 GUIDE

Crypto Tax Audit: what usually happens

How crypto activity is treated

The IRS generally treats digital assets as property, so selling them, trading one token for another, or using them to pay for something can each produce a gain or loss. Rewards from staking or mining are generally treated as income once you gain control of them. Each individual return also asks directly whether you received, sold, or exchanged digital assets, and an incorrect answer to that question can become an issue of its own. Exchanges now send customers and the IRS a dedicated information form for digital asset sales, and the IRS has used court-approved summonses to obtain customer records from exchanges.

Rebuilding basis and transfers

The most common problem in these audits is basis. Exchange reports often show proceeds without knowing what you paid, especially when coins were moved in from another wallet, and an examiner working from proceeds alone may treat the basis as zero until it is supported. Transfers between your own wallets are generally not taxable, but they need to be shown as transfers rather than sales. Exchange downloads, wallet addresses, blockchain records, and bank statements showing purchases are the usual tools for reconstruction. If a platform has shut down, records from its bankruptcy case, old emails, and bank transfers may fill the gaps.

Scope and exposure

Before responding, it helps to know which years and accounts the audit covers and whether other years show the same pattern. Losses from collapsed platforms or worthless tokens may be claimable, but the timing and character of such losses are often disputed. If digital assets were held on foreign platforms or used in ways you would rather not explain, talk to a lawyer before answering any questions. We review the letter, the transaction history you have, and the method used on the original return, then decide how the reconstruction will be built and presented. A consistent method applied across every year usually holds up better than adjustments made one transaction at a time.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

05 HOW WE WORK

Client-centered service across jurisdictions

Global Coordination & Expertise

We deliver coordinated and effective legal services to our clients, utilizing our extensive legal resources and experienced attorneys in our well-integrated global network. Through our Washington D.C. and New York offices, together with our alliance

Multilingual & Cross-Border Communication

Our attorneys are experienced in both domestic and international matters and, with fluency in various languages, provide clear and consistent communication at every stage of your legal process.

Client-Centered Approach

Client service lies at the heart of our operations. From the initial consultation, we prioritize understanding your situation, listening to your goals, and providing regular updates and strategies tailored to your individual case.

Multidisciplinary & Efficient Solutions

Our multidisciplinary approach and established processes enable us to address cross-border challenges with efficiency.

06 OFFICES

Where we meet clients

Consultations are available in person or remotely.

New York

285 Fulton Street, New York, NY 10007
(855) 529-7557

Washington, D.C.

Suite 985, 1717 K Street NW, Washington, DC 20006
(855) 529-7557

Los Angeles

1901 Avenue of the Stars, Suite 820, Los Angeles, CA 90067
(424) 561-7557

Attorney Advertising. This page is general information about crypto tax audit and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.