There is an old adage that "the only sure things in life are death and taxes." The U.S. Internal Revenue Service seems to be particularly committed to this adage, as CNN reports that the IRS website specifically lists Fortnite's V-Bucks and Roblox's Robux as digital currencies that could be "taxable."
The reference to V-Bucks has since been removed, but has been in place since at least October 2019 and can still be seen via the Wayback Machine.
"Virtual currencies that are equivalent in value to real currency, or that function as a substitute for real currency, are called 'convertible' virtual currencies. Bitcoin, Ether, Roblox, and V-bucks are some examples of convertible virtual currencies.
"Virtual currencies can be digitally traded among users and can be purchased or exchanged for U.S. dollars, euros, or other real or virtual currencies.
The current version of the page removes all examples except for Bitcoin, but maintains the same description of potential "tax consequences" applicable to virtual currencies.
"Selling or otherwise exchanging virtual currency, using virtual currency to pay for goods or services, or holding virtual currency as an investment generally has tax consequences that could result in tax liability," the page states. The IRS issued IRS Notice 2014-21, IRB 2014-16, as guidance for individuals and businesses on the tax treatment of transactions using virtual currency." The IRS also published Frequently Asked Questions about virtual currency transactions for individuals who hold cryptocurrency as a capital asset and are not engaged in a trade or business that sells cryptocurrency."
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However, the change in wording does not necessarily mean a change in structure; as Bloomberg reported, IRS Chief Counsel Michael Desmond said the inclusion of gaming currencies was a mistake, but cryptocurrency research and advocacy Jerry Brito, executive director of the Coin Center, a nonprofit organization that conducts research and advocacy for cryptocurrencies, told the site that the new question on the 1040 form for 2019 - "At any time during 2019, did you receive, sell, send, exchange, or otherwise have a financial Did you receive, sell, send, exchange, or otherwise obtain a pecuniary interest?" - has been added, which could lead to trouble, or at least confusion, for a very large number of taxpayers, he said.
"I think a lot of people are going to answer 'no' because they don't know they have to answer 'yes,'" he said.
Epic officials said that V-Bucks should be excluded from the definition of virtual currency because they cannot be traded or cashed in between players and should therefore be taxed; Roblox's currency, Robux, can be cashed in under certain conditions, but its taxation requirements are also provided up front.
"Robux can only be earned by developers through the Developer Exchange (DevEx) program and exchanged for real currency." IRS forms must be submitted to Roblux before any payments are made to developers."
"All DevEx payments are reported to the IRS using Form 1099."Mark Steber, Jackson Hewitt's chief tax officer, said that references to V-Bucks and other gaming-related currency may have been removed because they were not "particularly accurate" and that answering "yes" does not necessarily require doing anything else. However, he also noted that this is likely a sign that the IRS will focus more on virtual currencies in the future.
"More guidance, more rules, more requirements, more oversight and monitoring by the IRS," he said."Virtual currency is no longer something that hides in the shadows. There is far too much money out there.
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