Discussions in Washington last month centered on President Biden’s trillion dollar spending limit to “rebuild America for the better” – a strategy that was seen as curative. America after being destroyed by former President Donald Trump.

US President Joe Biden

The cost of the “Build Back Better” bill has been cut in half to garner vital Senate support, while House spokeswoman Nancy Pelosi railed against progressive Democrats for being satisfied with the reduction in paid vacation and the free public university. How things will play out, and whether the bill will pass by a split Congress remains unclear, but the $ 1.850 billion bill is not without a number of ways to pay for its expensive expansive policies.

One of them makes it harder to avoid capital gains in crypto when it comes to taxation.

The 1,684-page draft issue, which will be shared publicly for the first time today (October 29), includes a small section on digital assets. The aim is to apply what is known as “constructive selling” to digital assets.

The text of the Social Expenditure Act “Build Back Better” has just been published. It includes this section on digital assets. Are there tax eagles out there that can shed light on their importance? pic.twitter.com/Ng5EkneWHA

– Jerry Brito (@jerrybrito) October 28, 2021

“The text of the Social Expenditure Act“ Build Back Better ”has just been published. It covers this section on digital assets. Can a tax advisor shed light on their importance? “.

Section 1259 of the Internal Revenue Act of 1997 describes transactions that are subject to capital gains, a tax levied on certain capital gains. A key function of the law is to prevent hedge funds from evading short-term capital gains taxes. By holding short and long positions in the same asset, hedge funds found a loophole: they could convert short-term capital gains into long-term ones and avoid taxation.

If the law is passed, it would extend the rule to cryptocurrency transactions. Nathan Perry, tax attorney at DXC Technology, has tweets an example showing how to exploit a loophole in the Bitcoin options market:

“You buy Bitcoin for $ 60,000. Bitcoin price rises to $ 100,000, but that’s a short-term capital gain. So you buy a contract with the right to sell it for $ 100,000 and then take a profit. Without section 1259, you can convert short-term profits into long-term capital gains (tax avoidance).

It’s about buying compensation options to lock in profits and convert short-term cap profits into long-term cap profits to get the better rate. Ex. You buy BTC for $ 60,000. It appreciates to $ 100,000 but is a short term capital gain. So you’re buying a put with the right to sell it for $ 100,000, so …

– Nathan C. Perry (@NathanCPerry) October 28, 2021

This is not the only loophole the Biden government wants to close. Wash Sale sales have also increased since September when Democrats believed they could generate $ 16 billion in tax revenue over 10 years by applying an existing IRS code to cryptocurrencies. Wash sale is when someone, despite having a loss (stocks, bonds), surrenders them anyway to immediately buy other substitutes at a lower price. (sell the cheap to buy the cheaper)).

Neither the Blockchain Association nor the Coin Center are against applying the wash sale rule to cryptocurrencies. Coin Center’s communications director Neeraj Agrawal said in September: “We’re not going to get involved.”

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After decryption

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