220: Cryptocurrency Tax Hacks with Chris Kotarba

Published: March 10, 2022, 2 p.m.

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This episode kicks off with Johnny telling of the journey to make it out of Ukraine safely. This sparked a conversation on the importance of bitcoin and other cryptocurrencies in times of war and failing fiat currencies. Then the show jumps to longtime ILAB listener and tax professional Chris Kotarba (Chris K) who explains ways, for U.S. citizens in particular, to hack the system and legally save on taxes. Legislation rules in place for other investments do not necessarily apply to crypto, so he explains how you can potentially save a lot on your taxes if you are holding crypto. Then Sam and Johnny circle back to share thoughts on the complicated tax situation around crypto and tease an upcoming 101 episode on more broader tax hacks.\\xa0

Chris Kotarba (\\u201cChris K\\u201d) is a Managing Director with Alvarez & Marsal Taxand, LLC in San Jose. He specializes in international tax and his primary areas of concentration are planning, structuring, and transfer pricing, both outbound and inbound, for multinational companies of all sizes. Mr. Kotarba has worked with clients across various industries, including retail, technology (both software and hardware), pharma, medical devices, and financial services. He has specialized expertise in transactions involving cryptocurrencies, NFTs, and other digital assets, including ICOs, forks and token swaps.

Prior to joining A&M, Mr. Kotarba spent eight years as an attorney with DLA Piper in Palo Alto. He led more than a dozen global expansions and other corporate restructuring projects, developed a focus for US companies with Asian operations and closed a high-profile joint venture in China. Mr. Kotarba also helped companies onshore their IP to the US, both permanently and temporarily. He was briefly seconded to DLA Piper\\u2019s Hong Kong office, where he worked with Asian companies expanding to the US.

Mr. Kotarba earned a JD from Columbia Law School and a LLM in taxation from NYU School of Law. He is admitted to practice law in California, New York, and Massachusetts. Mr. Kotarba is the current President of the San Francisco Foreign Tax Club.\\xa0

Listen to ILAB 220 on iTunes here or subscribe on your favorite podcast app.

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Time Stamp:

  • 10:13 \\u2013 Can you tell me about your career background?
  • 12:28 \\u2013 What kind of income does cryptocurrency fall in?
  • 17:47 \\u2013 Do you get tax credit if your crypto value reduces?
  • 18:53 \\u2013 Can you use capital losses in future years like a rollover?
  • 20:18 \\u2013 Are all cryptocurrencies taxed the same way?
  • 21:39 \\u2013 How does someone report this to their tax professional?
  • 25:37 \\u2013 Is there a minimum to be reported?
  • 26:16 \\u2013 What is the penalty for not reporting?
  • 29:13 \\u2013 Is there a statue of limitation?
  • 31:10 \\u2013 What happens if you sell your crypto after moving to another \\u201ctax friendly\\u201d location?
  • 36:33 \\u2013 Would you suggest selling anytime you think a crash is coming?
  • 45:42 \\u2013 Johnny and Sam Review

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