Passing Down Digital Currency? Inheritance Tax Laws You Should Understand

In this article, we discuss the tax implications of cryptocurrency inheritance. Learn how the IRS treats digital currency for tax purposes and how to ensure a smooth transfer of your assets. Whether you're an investor or planning your inheritance, this guide will help you understand the tax rules surrounding cryptocurrency.

Passing Down Digital Currency? Inheritance Tax Laws You Should Understand Have you been investing in cryptocurrency and wondering what will happen to your digital currency after you are gone? As an investor, it's essential to understand that the Internal Revenue Service (IRS) treats cryptocurrency for real estate and inheritance tax purposes so your loved one isn't stuck with an unexpected tax bill after you pass.

The rules around crypto inheritance are still evolving, but you should know a few key things to help ensure your digital currency is passed down as intended. The IRS considers cryptocurrency like Bitcoin or Ethereum as property, not currency, which means these assets are taxable.

The tax implications depend on various factors, including your location and the value of your digital currency. Whether you're someone who uses digital money or planning your inheritance, this guide will help you navigate the ins and outs of taxes and ensure you pass your fortune with.

Understanding Digital Currency Assets and Estate Planning

Digital currencies are considered assets, just like any other property you own. This means they need to be accounted for in your estate plan. If you don't specify how you want your cryptocurrency assets distributed after you die, they may end up in legal limbo.

To avoid such conflicts, you should include details about your digital currency holdings in important estate planning documents like you will. Specifically, name any cryptocurrency asses, wallet IDs, keys and passwords and indicate who you want to inherit them. Store copies of this sensitive information securely and let your digital executor or a trusted person recover them if anything happens to you.

You should keep records of all your cryptocurrency transactions and holdings in case questions arise later. While blockchain records are transparent, they only show the movement of funds, not who controls them. Your records, passwords, and keys are the only way your beneficiaries can claim and access your digital assets.

Cryptocurrency and Taxes

Unfortunately, cryptocurrency assets are not exempt from taxes, even after you pass away. Your estate and beneficiaries may face significant tax liabilities if digital currency assets are not appropriately handled as part of your estate.

Capital gains taxes apply when cryptocurrency is sold or exchanged for cash or other assets. If you owned digital currency that increased significantly in revenue over the years, taxes on those gains could be owed before assets are distributed. Estate taxes may also apply to the total value of your cryptocurrency holdings at the time of your death before they pass to heirs.

Careful planning with the help of a tax professional and estate attorney can help minimize the tax impact of your cryptocurrency assets after you die. Understanding digital currency inheritance and tax laws now will give you and your loved ones peace of mind for the future.

Overview of Inheritance Tax Laws for Cryptocurrency

When it comes to digital currencies, the tax rules around inheritance can be complicated. As cryptocurrency becomes more mainstream, it's essential to understand how the IRS treats these assets when they are passed down to your beneficiaries.

No Step-up Cost Basis

With most other assets, like stocks or real estate, the cost basis "steps up" to the fair market value on the original owner's death date. If the beneficiary sells the asset soon after inheriting it, little or no capital tax may be due.

However, the IRS does not currently allow a step-up in basis for cryptocurrency. The cost basis for the beneficiary is the same as the original purchase price the decedent paid. If the value has appreciated substantially, this could mean a large tax bill for the beneficiary when selling the coins or tokens.

Requirements for Inherited Cryptocurrency

To properly receive and account for inherited digital currency, beneficiaries should follow a few key steps:

  • Notify exchanges holding the accounts of the account owner's passing and provide legal authorization to access funds and account information.
  • Obtain records from the decedent showing the cost basis and acquisition dates of all cryptocurrency held. This establishes your cost basis going forward.
  • Report the fair market value of all cryptocurrency received as income on your taxes in the year of inheritance. This value is used to determine if any estate taxes are due.
  • Keep detailed records on the value of cryptocurrency at the time of inheritance and for all subsequent transactions in case of an audit.

Following these guidelines and working closely with tax and legal professionals can help ensure digital assets are correctly passed on to beneficiaries per current laws. As with any new asset class, tax rules are evolving, so staying up-to-date with the latest IRS guidance on cryptocurrency is critical.

Reporting Digital Currency Holdings After Death

To report digital currency holdings, your loved ones must determine what digital asset you hold. Check for online accounts, wallets, and any physical storage devices like USB drives.
Your beneficiaries should list all known crypto exchange accounts, wallet addresses, recovery phrases and private keys. These details will be needed to access the funds in your accounts.

Reporting to the IRS

The executor of your estate will need to file Form 8949 to report capital gains and losses from crypto sales and IRS Form 8938 to report foreign financial assets. The cost basis of inherited crypto is the fair market value at the date of death, so you'll need records to determine this.

Failure to properly report digital currency holdings can result in penalties and interest charges. The reporting process can be complicated, so don't hesitate to hire an accountant or tax professional specializing in cryptocurrency to guide you and your loved ones through the requirements. They can help ensure all necessary forms are filed accurately and on time.

Special Rules for Spouses Inheriting Digital Currencies

Since digital currencies are considered property, spousal inheritance may be subject to estate tax. However, special rules could significantly reduce or eliminate the tax burden.

Unlimited Marital Deduction

Any assets transferred to a spouse are exempt from estate taxes up to an unlimited amount due to the Unlimited Marital deductions. No estate tax will be due if you leave your crypto to your spouse. They may owe taxes on the assets later, but at least the transfer to them is tax-free.

Portability Election

Another option for your digital estate is to make a Portability Election that allows your surviving spouse to use any unused portion of your estate tax exemption. This is also known as the lifetime exemption amount. When this amount is combined with your spouse's tax exemption, they will have a higher limit before estate taxes apply to their estate.

The key is proper estate planning to ensure these tax rules are utilized. Work with an estate planning attorney and a digital legacy executor to create a will, trust or other mechanism specifying your spouse as the beneficiary of your digital assets.

Using LLCs and Trusts to Pass Down Assets

Trusts and LLCs can help you distribute your digital currency effectively while reducing the tax burden.

LLC's

A limited liability company or LLC is an entity that can own assets like cryptocurrency. You can transfer your digital assets to a limited liability company (LLC) that you control, and when you pass away, transfer ownership of the LLC to your loved ones. The main benefits of using this option are:

  • The ownership of the LLC passes directly to the beneficiaries, avoiding the lengthy and costly probate procedure.
  • The LLC operating agreement and ownership are not public records. This allows you to make the distribution process private.
  • LLCs allow flexibility in how profits and losses are passed to members for tax purposes. You will need an attorney to set up the LLC based on your needs and situation.

Trusts

You can designate a trustee (a person or institution) to manage digital assets to benefit your beneficiaries. The trustee can distribute cryptocurrency to your loved ones according to your wishes. The main advantages of using a trust include:

  • Digital assets in trusts are directly passed down to beneficiaries when you pass away or get incapacitated, avoiding the probate process and keeping your wealth out of the public record.
  • A properly structured trust can help minimize estate taxes. It will not eliminate taxes but can reduce them.
  • You determine how and when your beneficiaries can access the cryptocurrency. For example, you may specify that beneficiaries receive some funds at certain ages.

To use a trust, you will need a trust agreement that specifies the trust terms, including details on how you want the cryptocurrency distributed to beneficiaries.

Need Help with Your Digital Estate Plan? Contact us Now!

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At WillBox.me, we provide a complete digital estate planning service that helps you organize and manage your digital assets, so they can be accessed and transferred by your loved ones after you pass away or become incapacitated. Our service includes creating a digital inventory, determining who will have access, providing instructions on how to manage your assets, and securely storing your digital estate plan.


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