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Variant Fund CLO Plans to Sue the IRS

The tables have turned and Uncle Sam is in for a legal challenge. But will it persuade the IRS to ease off?

April 22, 2024 05:44 AM

Reading time: 1 minute, 21 seconds

TL;DR Variant Fund's Chief Legal Officer, Jake Chervinsky, signals a potential lawsuit against the IRS over crypto tax evasion claims. Highlighting a key discrepancy in the IRS's approach, Chervinsky criticizes the reliance on financial surveillance and points out the possibilities of peer-to-peer transactions evading such scrutiny.

In a recent revelation that has stirred the crypto community, Jake Chervinsky, the Chief Legal Officer of Variant Fund, has voiced concerns over a potential legal confrontation with the Internal Revenue Service (IRS).

The bone of contention lies in the IRS's intensified efforts to clamp down on what it perceives as widespread tax evasion among cryptocurrency holders.

Chervinsky criticizes the IRS's strategy, which he believes leans too heavily on financial surveillance. He argues that the tax agency needs to acknowledge the nuances of cryptocurrency transactions, especially the ability for traders to conduct peer-to-peer transactions without the need for an intermediary.

Such transactions, which do not require a Know-Your-Customer (KYC) process, could easily slip through the IRS's current surveillance-based approach.

In January, the IRS took a significant step by issuing new tax reporting rules for the cryptocurrency industry. These rules mandate that crypto exchanges and custodians report any transaction over $10,000 and the personal details of the individuals involved.

This move by the IRS aims to foster transparency and accountability within the crypto market.

To further its efforts, the IRS enlisted the expertise of Sulolit 'Raj' Mukherjee, a former global head of tax at ConsenSys, highlighting the agency's dedication to enforcing tax compliance in the rapidly evolving digital currency landscape.

On the flip side, the industry is not standing still. CoinLedger, in partnership with MetaMask, has embarked on a mission to simplify the crypto tax reporting process for traders.

This collaboration aims to mitigate the complexities associated with generating tax reports from various accounts and wallets, showcasing the proactive steps taken by some firms to navigate the murky waters of crypto taxation.

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