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Posted Wed, 25 Sep 2024 08:05:00 GMT by Richard
Hi there, I have a daily stream of crypto generated through mining (which I pay income tax on). I am unsure how to apply the S104 pool / Bed and Breakfast rules for calculating the capital gain, in particular, do mining transactions following a trade (within 30 days) trigger the Bed and Breakfast criteria? Or should I only include purchases / trades in this step? For example, consider the following mining transactions plus a trade: D0 - Mine 1 BTC - Price 100 D1 - Mine 1 BTC - Price 100 D2 - Mine 1 BTC - Price 100 D3 - Mine 1 BTC - Price 100 D4 - Mine 1 BTC - Price 100 D5 - Sell 5 BTC - Price 1000 D6 - Mine 1 BTC - Price 250 D7 - Mine 1 BTC - Price 250 D8 - Mine 1 BTC - Price 250 D9 - Mine 1 BTC - Price 250 D10 - Mine 1 BTC - Price 250 When calculating the capital gain for the sell on D5, would the mining transactions in D6-D10 trigger the "bed and breakfast" rule (and the sell trade matched against those), or alternatively would the mining transactions not count as "buys" for the "bed and breakfast" rule and instead the trade would be matched against the Section 104 pool (the D0-D4 transactions)? Thanks
Posted Thu, 03 Oct 2024 12:44:50 GMT by HMRC Admin 32 Response
Hi,
HMRC expects that buying and selling of tokens by an individual will normally amount to investment activity (rather than a trade of dealing in tokens). In such cases, if an individual invests in tokens they will typically have to pay Capital Gains Tax on any gains they realise. Only in exceptional circumstances would HMRC expect individuals to buying and selling exchange tokens to be considered trading. Guidance on mining transactions can be found here:
CRYPTO21150 - Cryptoassets for individuals: Income Tax: mining transactions
and
CRYPTO21000 - Cryptoassets for individuals: Income Tax
If an individual's activity is considered to be trading, then income tax will take priority over Capital Gains Tax and will apply to profits (or losses). If an individuals activity does not meet the conditions to be liable as a trade then the income will be subject to Capital Gains Tax and the relevant rules would then apple.
Please see further guidance on pooling with examples for capital gains purposes here:
CRYPTO22200 - Cryptoassets for individuals: Capital Gains Tax: pooling
and
CRYPTO22250 - Cryptoassets for individuals: Capital Gains Tax: pooling examples
Thank you.
Posted Thu, 03 Oct 2024 14:07:24 GMT by Richard
Hi there, Thanks for the response. In my case, I am confident that the crypto buy and sell trades I have made would not fall under the trading / income tax regime, instead it would only be capital gains charges. My query is on how I should apply the capital gains rules when I have a mixture of asset sales and mining transactions. My set up is the following: - I pay income tax when I mine coins, under the "miscellaneous income" label as described in CRYPTO21150. - I have then sold some of these assets, to which a capital gain charge is due. However, I have a stream of mining transactions after the trade (within a 30 day period). I am not sure if these mining transactions count as "a repurchase" of the same asset, that would trigger the bed and breakfast rule. None of the examples you shared describe what the treatment is of mining transactions. The below shows a simplified example of how my transactions look: D0 - Mine 1 BTC - Price 100 D1 - Mine 1 BTC - Price 100 D2 - Mine 1 BTC - Price 100 D3 - Mine 1 BTC - Price 100 D4 - Mine 1 BTC - Price 100 D5 - Sell 5 BTC - Price 1000 D6 - Mine 1 BTC - Price 250 D7 - Mine 1 BTC - Price 250 D8 - Mine 1 BTC - Price 250 D9 - Mine 1 BTC - Price 250 D10 - Mine 1 BTC - Price 250 In D5 there is a disposal where I should calculate a capital gain. Should I calculate this based on the gain only from the D0-D4 mining transactions, i.e. there is a gain of 500 on which tax is calculated? Or does the bed and breakfast rule apply, and the D5 transaction should be offset against the D6-D10 mining transactions (i.e. the mining transactions count as a repurchase), in which case there is a gain of -250. Thank you.
Posted Fri, 11 Oct 2024 09:44:13 GMT by HMRC Admin 20 Response
Hi,
We cannot comment on any form of calculation/example or scenario, whether fact or fiction.
We can only point you the direction of the guidance, so that you can review the guidance and to allow you to make an informed decision.  
If, after that you still need advice, you need to employ the services of a financial adviser. 
Thank you.

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