Canada Revenue Agency has won a landmark court decision in crypto trading.
Canada Revenue Agency has won
a landmark court decision in crypto trading. The court decision will allow CRA
access to a treasure trove of customer data. CRA will not be limited to any one
crypto trading desk as this decision forms a new precedent in the Digital and
Crypto trading industry.
This landmark court decision
that was announced on March 19, now allows CRA access to all trading platforms
and customer data. All platforms now can be accessed by CRA upon request. What
does this mean to the Canadian Taxpayer? All digital and crypto trades, whether
gain or loss should be reported on the tax return in the year in which the gain
or loss was realized. If a Canadian taxpayer has accidentally left these gains
or losses out of any tax return, I highly recommend that you REFILE with
professional assistance any affected year before CRA finds a discrepancy and
proceeds corrective enforcement action. We highly recommend that the tax professional
you engage be block chain/digital currency certified, as the taxation of
digital/crypto gains/losses are not taxed in a straight forward manner.
However, the means by how the investment was created may determine the taxation
protocol to be applied. As laid out in CRA’s latest interpretation of digital
earnings.
Coinsquare has been asked to
release the data requested by CRA in reference to Canadian taxpayers.
Currently, Coinsquare has been requested to release the information on 5-10% of
its Canadian customers to CRA and as a result any Canadian high-value accounts
will be identified for enforcement by CRA.
The court granted CRA’s
request in only 7 months during a Covid Pandemic. This is lightning speed for
this type of court decision, leading us to believe the courts will not tolerate
non-disclosure of these types of earnings.
In court, CRA argued to
release the data to see if taxpayers were exercising their crypto reporting
duties, to which federal court agreed. Now things are getting clearer from CRA
perspective that they are not stopping here and a further request for customer
data by “Unnamed Persons Requirement (UPR)” is going to be pushing Coinsquare.
According to spokesperson for CRA, agency is required to have the data to
verify if the compliance to Canada’s Income Tax Act (ITA) and Excise Tax Act
(ETA) is followed.
Few years ago, US Tax
agency made the same efforts against Coinbase and were handed over the
records of 13,000 customers.
“Coinsquare negotiated to protect its clients’
privacy, and limit any disclosure to only what was absolutely required by the
CRA under Canadian tax law,” Coinsquare told CoinDesk.
“Instead
of providing the CRA with all client data dating back to 2013 as was initially
requested, Coinsquare and the CRA have agreed that information relating to
90%-95% of Coinsquare’s clients will not be disclosed.”
CRA spokesperson also said
that the agency “reserves the right” to ask for future taxpayer data from Coinsquare
and “other sources”, however the data disclosed “appears sufficient to verify
compliance with the ITA and/or the ETA.”
For more information about our tax services, feel free to reach out to our experts at Watterson Financial Solutions Inc To connect with us, you can either call us at 647-638-2755 or email us at robert@wattersonfinancial.com. We are a team of dedicated accounting and finance professionals, and we cater to the needs of individuals and business owners. We specialize in all areas of tax, accounting, assurance, succession planning, risk management, and business consulting. That way, we can give you full control over your finances. We also provide business advice to companies in different industries so you can become tax-efficient and transition your business into the new economy.
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