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Has anyone actually had the IRS question them about the time zone of a transaction? I've been trading crypto for years and report everything, but I've never been super precise about the exact time of day for transactions that happen near midnight on December 31st. I just assumed they wouldn't care about such a small detail.
I've never been audited specifically about time zones, but I did have the IRS question some of my crypto transactions from 2022. They were more concerned with making sure I reported all transactions rather than the exact timing of them. But if you had a really large gain or loss right at year end, I could see them being pickier about exactly which year it belongs in.
Thanks for sharing your experience. That's kind of what I figured - they're probably more focused on making sure all transactions are reported rather than nitpicking about exactly which tax year a midnight transaction falls into. Still, I think I'll be more careful with my record-keeping this year just to be safe.
This is a great question that I've actually dealt with personally! As someone who got caught in this exact situation last year with some late-night trades, I can confirm what others have said - the IRS uses your physical location's time zone when the transaction occurs. I had a similar scenario where I was in Nevada (PST) and made some Bitcoin sales on New Year's Eve around 11:45 PM. Even though it was already 2024 on the East Coast, those transactions counted for my 2023 tax year since that's where I was physically located. One thing I'd add that hasn't been mentioned - keep screenshots or records of not just the transaction itself, but also evidence of where you were. I saved my hotel receipts and flight confirmations just in case. Your exchange will show the UTC timestamp, but having proof of your location helps you convert that to the correct local time if questions ever come up. For what it's worth, most trading platforms are pretty good about this now and will show local time conversions in their tax documents, but it's always good to double-check their work, especially for those critical year-end transactions.
I just want to add that if you don't want to deal with the hassle of the ITIN application this year, you could file as "married filing separately" for now. Yes, you'll probably pay more in taxes, but it might be worth it if you need your return processed quickly. Then next year when you have more time, you can file jointly once your spouse has an ITIN or SSN. Just make sure you understand the limitations of MFS status - you lose several credits and deductions.
If you go the MFS route, watch out for IRA contribution limits too! They drop dramatically when filing separately. Learned this the hard way and had to deal with an excess contribution penalty.
I went through this exact situation two years ago when I married my husband from the Philippines. Here's what worked for us: 1. Your spouse absolutely can get an ITIN - the W-7 form is still valid for spouses filing jointly. You'll need to check exception 1(d) on the form and write "Spouse of U.S. citizen/resident filing joint return" in the explanation section. 2. The tricky part is the documentation. You'll need either original documents (passport, birth certificate) or certified copies from the issuing agency (like the Philippine embassy in our case). Regular notarized copies won't work. 3. We attached the W-7 to our joint tax return and mailed everything together. The IRS processed the ITIN application first, then our return. Total time was about 10 weeks. 4. Pro tip: Double-check that your spouse qualifies as either a resident or non-resident alien for tax purposes, as this affects which exception category you select on the W-7. The IRS publication 519 has a good flowchart for this. The process is definitely still available despite what some outdated sources say. We successfully filed jointly and got our refund, just took patience with the timing. Good luck!
This is really helpful, thank you! I'm curious about the resident vs non-resident alien determination you mentioned. My spouse has been living in the US with me since we got married in October 2022, but she's here on a tourist visa that we've been extending while waiting for her green card application to process. Would she be considered a resident alien for tax purposes even though she doesn't have permanent status yet? I want to make sure I check the right box on the W-7 form.
What tax software are most people using to handle these bank failure losses? TurboTax was confusing me last year when I tried to enter some investments that went to zero.
I used H&R Block online last year for a similar situation and it handled it well. There's a specific section for worthless securities where you can enter the details. Just make sure you enter $0 for the sale proceeds and the date it became worthless.
I'm sorry to hear about your FRC loss - that's a significant hit. One thing I'd add to the excellent advice already given is to make sure you understand the wash sale rules don't apply here since the stock became completely worthless rather than being sold and repurchased. Also, if you have any other capital gains this year, this loss can directly offset them dollar-for-dollar, which might help reduce your overall tax burden. Even if you don't have gains this year, as others mentioned, you can deduct $3,000 against ordinary income and carry the rest forward. Since you mentioned already owing taxes this year, definitely consider whether this loss might change your estimated tax payment situation. The $3,000 deduction against ordinary income could reduce what you owe by several hundred dollars depending on your tax bracket.
This is really helpful advice, especially the point about wash sale rules not applying. I hadn't thought about that distinction. Quick question - when you mention the loss could reduce what I owe by several hundred dollars, is that calculation just my marginal tax rate times the $3,000 deduction? So if I'm in the 22% bracket, that would be about $660 in tax savings from the ordinary income deduction alone?
Anyone using TurboTax for reporting crypto from non-CFTC exchanges? I tried but it seems to get confused with the forms when I tell it the trades aren't from a regulated exchange.
I had better luck with H&R Block's software for this specific situation. It lets you manually enter each trade and seems to understand the distinction better than TurboTax did for me last year.
I've been dealing with this exact situation for the past two years. You're absolutely correct that non-CFTC regulated exchanges don't qualify for Section 1256 treatment, so all your gains will be treated as regular capital gains/losses. One thing I'd add that hasn't been mentioned yet - make sure you're also considering whether any of your trades might be classified as wash sales. This happens when you sell crypto at a loss and then buy the same or "substantially identical" crypto within 30 days before or after the sale. The IRS has been increasingly strict about this with crypto trades. Also, if you made any trades that could be considered "like-kind exchanges" (crypto-to-crypto trades before 2018), those have different reporting requirements. But for straight buy/sell trades on exchanges, you're right to treat them as short-term capital gains if held less than a year. Document everything now while you still have access to your trading history - some exchanges have been known to delete old records or shut down entirely.
Sean O'Connor
Don't forget about the 529 plan payments for tuition! Those definitely count as support provided by you, not your daughter. Publication 501 specifically addresses this - educational expenses paid from a 529 plan are considered provided by the account owner (you). Also, make sure your daughter doesn't file her taxes claiming herself as her own dependent. You should coordinate with her on this to avoid any potential issues with the IRS flagging conflicting returns.
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Zara Ahmed
ā¢Isn't there also a gross income test for dependents? I thought if the child makes over a certain amount for the year, they can't be claimed regardless of the support test. The OP mentioned not knowing what the daughter's income will be after graduation.
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Luca Conti
I'm an accounting student, and we just covered this in my tax class. The key distinction the IRS makes is between actual gifts versus disguised support payments. A true gift has no strings attached - you give money with no expectation of how it will be used. If you give your adult child $2,000 as a birthday present and they happen to use it for rent, that could potentially be considered their own support. But if you give money with the understanding or expectation it will be used for specific support items (like saying "here's money for your rent"), the IRS considers that as support from you, not them. The economic reality matters more than the mechanics of how the payment happens. So whether you pay the landlord directly or give your daughter money specifically for rent, both count as support from you for the support test.
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