Miller Whitehouse-Levine, representative of DeFi Education Fund, and tax lawyer Jason Schwartz discuss the potential catastrophic implications of proposed IRS regulations on the crypto industry in the US, specifically how it could harm decentralized finance and other crypto use cases. They also emphasize the importance of leaving comments to challenge these regulations and protect the crypto community.
Read more
AI Summary
AI Chapters
Episode notes
auto_awesome
Podcast summary created with Snipd AI
Quick takeaways
The proposed tax rules in the US could lead to the destruction of DeFi and other crypto use cases, but there is still an opportunity to change the interpretation through public comments.
The proposed rules treat all tokenized assets as digital assets subject to reporting requirements, expanding the definition of a broker to include various participants in the crypto ecosystem.
If the proposed rules are finalized, they would heavily regulate peer-to-peer transactions and decentralized platforms, jeopardizing the decentralized nature of DeFi and requiring legislative action to protect it.
Deep dives
The IRS is proposing tax rules that would harm DeFi and crypto in the US
The US government has proposed tax rules that could effectively kill DeFi and crypto use cases in the United States. The interpretation of the rules would require all individuals and businesses in the crypto industry to comply with additional regulations, including collecting and reporting personal information of users. This would have a detrimental impact on the industry and restrict access for US users. However, there is an opportunity to change the interpretation as it is still in the proposed stage. The IRS is currently accepting comments from the public, and it is crucial for the crypto community to voice their concerns and push for a more reasonable approach.
The proposed rules are broad and encompassing
The proposed tax rules treat all tokenized assets as digital assets subject to 1099 reporting requirements. This means that transactions involving NFTs, stablecoins, tokenized stocks, and bonds would be subject to reporting. The definition of a broker is also expanded to include almost anyone involved in the crypto ecosystem, from websites that provide access to smart contracts to validators and liquidity providers. The broad definition and lack of clarity in the proposed rules would lead to widespread non-compliance and create challenges for individuals and businesses.
The impact on DeFi and the need for a fix
If the proposed rules are finalized, it would have a significant impact on DeFi and the broader crypto industry. Peer-to-peer transactions and decentralized platforms would be heavily regulated, requiring users to go through intermediaries and provide personal information. The need for a legislative fix is evident, as the regulations currently leave room for misinterpretation and do not adequately address the unique characteristics of the crypto ecosystem. A delay in the implementation of the rules would provide an opportunity for legislative action and a chance to protect the decentralized nature of DeFi.
The importance of public comments
The IRS is accepting comments on the proposed rules, and it is crucial for the crypto community to make their voices heard. There is an opportunity to influence the interpretation and implementation of the rules by submitting comments and advocating for a more reasonable approach. It is recommended that the community make use of the available tools, such as AI-generated letters, to submit comments and push for a delay or revision of the rules.
Action is needed to protect the crypto industry
The proposed tax rules pose a significant threat to the crypto industry, and action is needed to protect it. Individuals and businesses involved in the crypto community should take the opportunity to comment on the rules, urging the IRS to reconsider and revise the interpretation. By coming together and voicing their concerns, the crypto community can help shape the regulations and ensure a more reasonable and fair approach to taxation in the industry.
We need to stop the US from killing crypto. The new IRS proposals could effectively destroy DeFi and other crypto use cases.
The good news? We can change this. 5 minutes is all it takes to leave a comment and get the interpretation delayed.
In this episode, we bring on Miller Whitehouse-Levine of the DeFi Education Fund and tax lawyer Jason Schwartz to discuss the proposed rules and their catastrophic implications.
0:00 Intro 6:30 Miller and Jason 8:15 The Broker Laws 15:30 Proposed Regulation 20:50 Endgame Oversight 26:00 They Hate Crypto 31:00 The Comment Process 36:40 New Crypto Tax Tools 42:00 So What Happens… 46:30 Pressuring the Departments 50:50 How We Can Win 56:20 What We Have to Do