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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.”


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