Aboutwhy sjkplawyerspracticesInsightsCase StudyNewsLocations
Tax & Customs

IRS Crypto Audit

A letter says the IRS has information that you held or traded virtual currency and asks you to review your returns. An IRS crypto audit may begin that way, or with a formal examination notice, and the first response often shapes which way it goes.

Reviewed

01 GUIDE

IRS Crypto Audit: what usually happens

How the IRS learns about digital assets

The main individual income tax return now asks a direct question about digital assets, and an answer that conflicts with other information can draw attention. Exchanges and other brokers have begun issuing information returns reporting digital asset sales, which gives the IRS data it previously had to gather in other ways. For earlier years, the IRS has also used court-approved summonses to obtain customer records from exchanges. Some taxpayers first hear about it through an educational or compliance letter rather than an audit, and those letters vary: some simply encourage a review, while others ask for a signed response. Treating any of them as junk mail is a mistake, because the next step is usually less flexible.

Answering a letter versus an examination

A compliance letter is not the same as an examination, but what you say in response becomes part of your file. If your returns were correct, the response may simply explain that and attach support. If they were not, the question becomes how to correct them, which often means amended returns and a clear explanation of how the figures were computed. In a full examination, the examiner will usually ask for wallet addresses, exchange statements, and records of transfers between your own accounts, and may ask about activity you did not think was taxable, such as staking rewards or swaps from one token to another. Statements to the IRS should be accurate and complete, because knowingly false answers create a far larger problem than the original tax.

Sizing up exposure by year

We start by reading the letter or notice to see which years are involved and what information the IRS appears to have. Then we compare that with your returns and with the exchange and wallet records you can still obtain, including from platforms that have closed or changed hands. If income was left off a return, we look at whether the circumstances raise any willfulness concern, because that affects how a correction should be approached and whether a formal disclosure path is worth considering. Where the reports the IRS received are wrong, such as proceeds shown without cost basis, we work on documenting the real figures. The goal of the first meeting is a clear picture of exposure for each year and a plan for responding within the time the letter allows.

02 ATTORNEYS

Who you would be working with

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

03 CASE RESULTS

Matters we have handled

Prior results do not guarantee a similar outcome.

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 IRS crypto 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.