IRS Ramps Up Crypto Surveillance, Setting Stage for Legal Clash with Variant Fund

Variant Fund's Chief Legal Officer predicts a potential lawsuit against the IRS for its focus on financial surveillance to enforce crypto tax compliance, disregarding peer-to-peer transaction technologies that enable anonymous trading. The IRS has recently intensified efforts to collect crypto tax data, mandating reporting of transactions over $10,000 from exchanges and custodians, along with personal information, raising concerns about the potential for overreach.

IRS Escalates Crypto Tax Enforcement, Looming Legal Battle with Variant Fund

In a bold move, Variant Fund's Chief Legal Officer, Jake Chervinsky, has issued a stark warning: the Internal Revenue Service (IRS) is poised for a potential legal showdown with crypto holders. The agency, convinced that rampant tax evasion is plaguing the digital asset ecosystem, has intensified its surveillance efforts, sparking concerns over the agency's overreach and misunderstandings about the nature of cryptocurrency transactions.

IRS's Financial Surveillance Draws Fire

Chervinsky, a renowned legal expert in the crypto industry, has pointedly criticized the IRS's heavy-handed approach, emphasizing that the agency is relying on outdated methods of financial surveillance to combat crypto tax evasion. He contends that the IRS has failed to grasp the realities of decentralized finance (DeFi) and the growing adoption of peer-to-peer (P2P) platforms that allow traders to engage in transactions without the involvement of intermediaries.

"They think people are evading taxes and the only way they know to address that concern is through financial surveillance," Chervinsky said on Twitter. "They don't accept the idea that there's technology allowing people to engage in peer-to-peer transactions without an intermediary who can KYC and report."

IRS Intensifies Crypto Tax Reporting Regulations

The IRS has long sought to bring crypto into its tax reporting framework, but recent months have seen a significant escalation in its efforts. In January, the agency released sweeping new rules requiring crypto exchanges and custodians to report transactions exceeding $10,000. These reports must include the names, addresses, and Social Security numbers of the individuals involved.

Deficiencies in IRS's Approach

Critics of the IRS's approach argue that the agency's focus on traditional surveillance methods is ineffective against the complexities of DeFi and P2P transactions. They point out that these platforms offer enhanced privacy and anonymity, making it challenging for the IRS to track and verify tax compliance.

Moreover, the IRS's $10,000 reporting threshold has been met with skepticism. Many small-scale crypto traders regularly engage in transactions below this threshold, raising concerns that the agency's reporting rules may have unintended consequences for legitimate users.

Potential Legal Challenges

Variant Fund's legal team is actively exploring legal options to challenge the IRS's overreach. Chervinsky has indicated that the firm is prepared to file a lawsuit against the agency, arguing that its surveillance tactics and reporting requirements violate the constitutional rights of crypto holders.

The looming legal battle between the IRS and Variant Fund has the potential to shape the future of crypto tax regulation in the United States. The outcome could determine the extent to which the IRS can impose surveillance measures on the crypto industry and the rights of individuals to engage in private financial transactions.