HMRC does not treat Crypto as currency or money1.
Most common scenario is of an individual investing in Crypto optimistic for an increase in its value. Any gains or loss in such a case is treated similar to investment in shares. Rules such as pooling, same day and 30-day2 apply even if crypto held in different exchanges9.
Please note sale of crypto takes place even if it is exchanged for another crypto asset, it is used to buy goods/services or given away to a person (not their spouse)8.
International matters
Gains need to calculated in pound sterling3.
Location of asset – In HMRC’s view, exchange tokens are located where the owner is tax-resident. This rule will be of importance to remittance basis users, as their crypto gains will be taxable even if they do not remit funds to the UK4.
Other taxes
Stamp duty – not applicable5.
VAT – not applicable. But if a trader sells goods or services in exchange of crypto assets, the trader will need to charge VAT6.
Loss
In case of fraud – HMRC does not consider theft as a sale, a negligible value claim can be made7.
In case of loss – similar treatment as in case of shares. Three things to be aware of:
- Capital losses will be adjusted against gains in same year.
- Carry forward indefinitely and adjust against first available gains.
- Cannot be carried back except in case of death.
Disclosure service
HMRC has launched a cryto disclosure service for individuals who may have not paid the correct amount of tax in past tax years.8.
Notes:
- CRYPTO10100 means loan relationship rules do not apply.
- TCGA 92 sections Pooling (104) Same-day (105) 30-day (106A)
- CRYPTO40100
- CRYPTO22600
- CRYPTO44100
- CRYPTO45000
- CRYPTO22450
- Check cryptoasset disclosures, HMRC tells taxpayers | ICAEW
- Share and securities matching rules apply to assets which are fungible assets i.e. assets which are not individually identifiable. Tolley annual CGT book 64.2
Further readings: