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Gifting Crypto in Eyes of CRA

Although CRA has specific guidelines around gifting, there is none for cryptocurrency. We must utilize existing rules to gauge how CRA currently views gifts in the form of crypto assets.
Analysis by
Nitin Ashok, CPA, CFA
March 12, 2024 7:35 AM
|
3 Min Read.
Gifting Crypto in Eyes of CRA
Table of Contents

    Introduction

    While the Canada Revenue Agency (CRA) has established guidelines for traditional gifts, the realm of cryptocurrency gifting remains largely uncharted. In the absence of specific regulations, it becomes imperative to interpret existing rules to comprehend how CRA perceives gifts in the form of digital assets. A gift, in this context, is defined as the exchange of monetary value without expecting anything in return.

    Gifting to Charities

    Charities registered with the CRA can accept cryptocurrency donations, predominantly in Bitcoin or Ethereum, facilitating ease of sale. However, not all cryptocurrency donations in Canada may qualify for full deductibility. It is crucial to understand the intricacies of donation credits and their impact on tax benefits.

    Gifting to Friends and Family

    Unlike traditional gift allowances, Canada lacks specific regulations for crypto assets, deeming their gifting as a disposal by the CRA. When gifting cryptocurrency to family or friends, standard rules apply as if the asset were being disposed of. Calculating gains involves determining the adjusted cost basis, with 50% of the gain subject to taxation as a capital gain by the CRA.

    Gifting NFTs:

    NFTs, considered capital assets with no specific CRA guidance, trigger capital gains upon disposal. Gifting NFTs is recognized as a disposal by the CRA, necessitating the payment of capital gains tax on 50% of the gain realized before the gift date.

    Conclusion: Balancing Generosity and Tax Considerations

    Gifting cryptocurrency can be an excellent way to share financial gains with family and friends, fostering their entry into the crypto space without an upfront investment. However, caution must be exercised to avoid unintended tax consequences. As the CRA gradually formulates guidelines for cryptocurrency, investors must navigate the evolving landscape, anticipating increased regulatory clarity in response to growing demands from the Canadian crypto community.

    Disclaimer: Navigating Uncertainty in Crypto Taxation

    It is crucial to recognize that the CRA's relationship with cryptocurrency is evolving, and guidelines are continually being refined. As Canada catches up with other developed nations in formulating taxation rules for digital assets, certain aspects, such as DeFi protocols like yield farming and staking, await comprehensive guidance. Until then, crypto investors must tread carefully, understanding that positions taken may or may not align with future CRA standards.

    Note: Opinions expressed here are for discussion purposes only and do not represent the views of MetaCounts Cashflow Inc. or its affiliates. Additionally, this does not constitute legal, accounting, or tax advice, and reliance on it as such is discouraged.

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    General

    Gifting Crypto in Eyes of CRA

    Introduction

    While the Canada Revenue Agency (CRA) has established guidelines for traditional gifts, the realm of cryptocurrency gifting remains largely uncharted. In the absence of specific regulations, it becomes imperative to interpret existing rules to comprehend how CRA perceives gifts in the form of digital assets. A gift, in this context, is defined as the exchange of monetary value without expecting anything in return.

    Gifting to Charities

    Charities registered with the CRA can accept cryptocurrency donations, predominantly in Bitcoin or Ethereum, facilitating ease of sale. However, not all cryptocurrency donations in Canada may qualify for full deductibility. It is crucial to understand the intricacies of donation credits and their impact on tax benefits.

    Gifting to Friends and Family

    Unlike traditional gift allowances, Canada lacks specific regulations for crypto assets, deeming their gifting as a disposal by the CRA. When gifting cryptocurrency to family or friends, standard rules apply as if the asset were being disposed of. Calculating gains involves determining the adjusted cost basis, with 50% of the gain subject to taxation as a capital gain by the CRA.

    Gifting NFTs:

    NFTs, considered capital assets with no specific CRA guidance, trigger capital gains upon disposal. Gifting NFTs is recognized as a disposal by the CRA, necessitating the payment of capital gains tax on 50% of the gain realized before the gift date.

    Conclusion: Balancing Generosity and Tax Considerations

    Gifting cryptocurrency can be an excellent way to share financial gains with family and friends, fostering their entry into the crypto space without an upfront investment. However, caution must be exercised to avoid unintended tax consequences. As the CRA gradually formulates guidelines for cryptocurrency, investors must navigate the evolving landscape, anticipating increased regulatory clarity in response to growing demands from the Canadian crypto community.

    Disclaimer: Navigating Uncertainty in Crypto Taxation

    It is crucial to recognize that the CRA's relationship with cryptocurrency is evolving, and guidelines are continually being refined. As Canada catches up with other developed nations in formulating taxation rules for digital assets, certain aspects, such as DeFi protocols like yield farming and staking, await comprehensive guidance. Until then, crypto investors must tread carefully, understanding that positions taken may or may not align with future CRA standards.

    Note: Opinions expressed here are for discussion purposes only and do not represent the views of MetaCounts Cashflow Inc. or its affiliates. Additionally, this does not constitute legal, accounting, or tax advice, and reliance on it as such is discouraged.

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