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Carter McBride
Carter McBride, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 1595
Experience:  Adjunct Professor
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I purchased some crypto currency in late 2016 for just a few

Customer Question

I purchased some crypto currency in late 2016 for just a few hundred dollars and also in early 2017. Since then the dollar value of my crypto currency has grown a lot. I also made some crypto to crypto trades.Can I start an IRA LLC and retroactively contribute my initial crypto currency investment so that I can defer taxes on my crypto to crypto trades afterwards?Thanks.
Submitted: 10 months ago.
Category: Tax
Expert:  Carter McBride replied 10 months ago.

Hey! I'm Carter, I'm a CPA and can help you with this.

Unfortunately, the only way to put a cryptocurency into an IRA, LLC is to first sell it, put the money into the IRA, LLC and then buy the cryptocurrency again. So, you would need to recognize the gains you had.

Huff Post ran a great article on what to do to set up the IRA, LLC and how to contribute to it. You can find that here:

https://www.huffingtonpost.com/entry/bitcoin-ira-reviews-how-to-put-bitcoins-in-your-retirement_us_599dcd01e4b02289f76191ee

Hope that helps. If you need anything else, just let me know. If not, please leave a review. Thanks!

Customer: replied 10 months ago.
I don't see how that could be valid, considering I know an LLC IRA can own property.
Customer: replied 10 months ago.
You are saying the currency has to go to the LLC first and the LLC has to make the purchase?
Expert:  Carter McBride replied 10 months ago.

Yes. the LLC needs to make the purchase. If it wasn't like that, anyone who had a large gain on a capital asset would just put it into an IRA LLC and avoid tax on the gain.

Customer: replied 10 months ago.
But I can transfer the crypto currency to a regular LLC and avoid taxes, right? Can I contribute it to a foreign LLC?
Expert:  Carter McBride replied 10 months ago.

Correct, but it would not allow you to avoid taxes. If you transfer it to a regular LLC, then whenever you sell it, it will still be taxed at the gain that you currently have. For example, if you buy it for $100 and then transfer it to the LLC, the LLC's basis is $100. So you cannot avoid any tax that way. Same goes for the foreign LLC.

Customer: replied 10 months ago.
Ok, so I could transfer it to a foreign LLC, for example, and the tax basis would also transfer to the foreign LLC. So I would owe taxes on what I already owe but the LLC would face the taxes on future gains?
Expert:  Carter McBride replied 10 months ago.
Single Member LLCs are can either be a sole proprietorship, S Corp or C Corp. All but the C corp get taxed on your personal tax return. So, you transfer it to an LLC, foreign or domestic, as soon as the LLC sells the currency the gain will fall to your personal return and you will pay the tax.
Don't turn an LLC holding just securities into a C Corp or it'll lead to a higher tax rate on the securities than if you just let it flow through to your personal return.
Customer: replied 10 months ago.
But if the LLC is foreign in a country where they don't tax crypto to crypto trades (or tax crypto at all) I could avoid taxes altogether instead of using a domestic LLC where all crypto to crypto trades create a taxable event?
Expert:  Carter McBride replied 10 months ago.
Americans are taxed on worldwide income. So, even if it's in a foreign country, and if you're an American, then you will pay tax on it one way or another in America.
Customer: replied 10 months ago.
What if I want to contribute it to a foreign corporation with cryptocurrency friendly taxes? If that c-corp complied with the laws of that country and converted crypto into real estate. If it's still under protection of the c-corp then there would be no pass-through income to me unless I took a distribution, correct?
Expert:  Carter McBride replied 10 months ago.
You wouldn't be able to get the money out of the corporation. The second you take it out and repatriate it, you will be hit with a repatriation of foreign dividends tax. To go along with that, there are several complicated filings you need to do personally like Form 5471, where failure to file is $10,000 per year, and Form 926 that can carry penalties as high as $100,000.
Expert:  Carter McBride replied 10 months ago.
There is no way to get the gains you currently have tax free.
Customer: replied 10 months ago.
I'm not trying to get the gains I currently have tax free. I'm trying to get future gains tax free.
Expert:  Carter McBride replied 10 months ago.
Then sell off what you have. Pay tax on those gains. Setup the IRA, LLC. Contribute what you sold the currency for to the IRA, LLC and direct the IRA, LLC to purchase the cryptocurrency. You can review the earlier article I sent in how to do that.
Expert:  Carter McBride replied 10 months ago.
If yoi need anything dlse, let me know. If not, please leave a rating.
Customer: replied 10 months ago.
I don't think that helps because doesn't the IRA LLC have a $5500 contribution limits?
Expert:  Carter McBride replied 10 months ago.
they do.