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Recap HomeCrypto Tax Guide (Lite)HMRC Cryptoassets Manual
  • A Technical Guide to Cryptocurrency Tax for UK Individuals
    • What are Cryptoassets?
    • Who are Recap?
  • CRYPTOCURRENCY TAX
    • Do I Need to Pay Tax on my Cryptoassets?
    • Which Taxes Apply?
      • Capital Gains Tax (CGT)
      • Income tax
      • VAT
      • Inheritance tax
      • Stamp Duty
    • How Much Tax Will I Pay?
    • New HMRC DeFi Guidance
      • Overview of HMRC guidance
      • 1️⃣Is the Reward Income or Capital?
      • 2️⃣Is Beneficial Ownership (BO) transferred?
      • 3️⃣Consider the Tax Treatment
        • Staker/Lender/Collateral Provider
          • Income Rewards
            • BO transferred
              • ➡️At Point of Entry
              • ⬅️At Point of Exit
              • 💧On Liquidation
              • 💎On Receipt of Income Reward
              • Example 1A
              • Example 2A
            • BO not transferred
              • ➡️At Point of Entry
              • ⬅️At Point of Exit
              • 💧On Liquidation
              • 💎On Receipt of Income Reward
              • Example 1B
              • Example 2B
          • Capital Rewards
            • BO transferred
              • ➡️At Point of Entry
              • ⬅️At Point of Exit
              • 💧On Liquidation
              • 💎On Receipt of Capital Reward
              • Example 1C
              • Example 2C
            • BO not transferred
              • ➡️At Point of Entry
              • ⬅️At Point of Exit
              • 💧On Liquidation
              • 💎On Receipt of Capital Reward
              • Example 1D
              • Example 2D
        • Borrower
    • Investor or Trader?
      • Badges of Trade Limitations
      • HMRC Approach
      • Court Cases involving Financial Traders
    • Capital Gains Tax
      • Calculating the Capital Gains Position
      • Disposal proceeds
      • Disposals to Connected Parties
      • Allowable costs for CGT
        • Exchange fees
        • Forks - affect on allowable costs
      • Capital Loss Claims
    • Income Tax
      • Financial trading income
      • Miscellaneous Income
      • Employment income
    • Fair Market Valuation
  • TRANSACTION TYPES
    • 💷Selling Crypto for Fiat
    • 🔄Trading Crypto to Crypto
    • 🛍️Purchases using Crypto
    • 🎁Gifts
    • 💍Spouse Transfers
    • 🎗️Gifts to Charity, CASCs & Bodies for a National Purpose
    • 🎈Airdrops
    • 🤝Staking
    • 💸Transfers
    • 🍴Forks
    • ⛏️Mining
    • 👛Employment income
      • UK Employer
      • Overseas employer
      • National Minimum Wage (NMW)
    • 🚨Lost & Stolen Crypto
    • 🎲Gambling
    • 💧Liquidity Pools
      • Example - Liquidity pool
    • ⬆️Token Upgrades/Swaps
    • 🔮Cryptoasset derivatives (CFDs, Futures and Margin Trading)
    • 💼Crypto Loans
    • 🔄REPOS
    • 🪞Reflections Rewards
    • 👥Referral Income
    • 💳Cashback
    • 🎨NFTs (Non Fungible Tokens)
    • 🎮NFTs earned playing games
  • Record Keeping
  • Filing Your Self-Assessment
    • How to Register for Self-Assessment
    • How to Fill In the Tax Return
    • Submitting the Tax Return and Paying the Tax
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On this page
  • Staking with capital reward
  • At point of entry
  • CGT disposal – principal tokens staked and estimate of capital reward
  • CGT acquisitions
  • At point of exit
  • CGT disposal – ‘right to receive a future quantity of tokens’
  • CGT disposal – ‘Marren v Ingles right' to capital reward
  • Overall capital gain/loss
  • CGT acquisition – re-acquisition of principal tokens staked and acquisition of reward
  • On sale of 10.5 BTC for fiat

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  1. CRYPTOCURRENCY TAX
  2. New HMRC DeFi Guidance
  3. Consider the Tax Treatment
  4. Staker/Lender/Collateral Provider
  5. Capital Rewards
  6. BO transferred

Example 1C

Tax position for staker where CAPITAL REWARDS received and there is a transfer of beneficial ownership

PreviousOn Receipt of Capital RewardNextExample 2C

Last updated 2 years ago

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Staking with capital reward

See our other staking examples to show the different tax positions of this same scenario:

  • - income reward - transfer of beneficial ownership

  • - income reward - NO transfer of beneficial ownership

  • - capital reward - NO transfer of beneficial ownership

  • Bought 10 BTC for £100,000 in October 2020

  • Staked 10 BTC staked in March 2022 for indefinite period, when worth £30,000 per BTC

  • Staking reward of 5% pa receivable at the end of stake in BTC

  • 10.5 BTC is received when stake ended in March 2023 when worth £20,000 per BTC (10 BTC principal and 0.5 BTC reward).

  • No other acquisitions or disposals of BTC (assume matching rules not relevant for simplicity)

  • Assumed that beneficial ownership is transferred upon entry

  • The CGT (capital gains tax) free annual exemption is already used and the CGT rate is 20%, as income is more than £50,270

  • No redemption tokens are received upon staking; therefore a ‘right to receive a future quantity of tokens’ is treated as received

  • Sold 10.5 BTC for £525,000 fiat sterling in March 2024

At point of entry

CGT disposal – principal tokens staked and estimate of capital reward

It is necessary to estimate the present sterling value of the BTC capital reward. Although it is a set return of 5% pa; because the term of staking is open-ended, the number of BTC to be received in the future as the reward is not known and is not ascertainable. The taxpayer intends to only stake the BTC for 6 months, so they decide to estimate the reward to be 0.25 BTC. The current sterling value of 0.25 BTC is £7,500; so this amount is included in the capital gains tax calculation with the disposal of the 10 BTC staked.

Capital gain of £207,500 (£300,000 plus £7,500 less £100,000) realised in the 21/22 tax year, upon staking the 10 BTC.

£41,500 CGT (£207,500 at 20%) is payable by 31 January 2023.

This is despite the fact that the £300,000 value subjected to CGT is locked away and no proceeds have actually been received. If the 10 BTC will still be locked away in January 2023, alternative funding will be needed to pay the CGT to HMRC. Furthermore, the £7,500 estimate of the capital reward has been subject to tax at which point there is no idea when the reward will be received (since the staking term is indefinite and the reward can only be received upon exit).

CGT acquisitions

There are two CGT acquisitions upon entry:

  1. a ‘right to receive a future quantity of tokens’ – a right to repayment of the 10 BTC staked The acquisition cost of this right is £300,000. When the stake is ended, this right will be disposed of in exchange for a repayment of the principal 10 BTC staked.

  2. a ‘Marren v Ingles right' to capital reward The acquisition of the right to receive an unascertainable future quantity of capital reward tokens’ – a right to receive the 0.25 BTC (however we do not know it is 0.25 until the stake is ended) The acquisition cost of this ‘Marren v Ingles right' is £7,500. When the stake is ended, this right will be disposed of in exchange for the receipt of the capital reward tokens (which we know with the benefit of hindsight will be 0.5 BTC).

At point of exit

CGT disposal – ‘right to receive a future quantity of tokens’

There is a capital loss of £100,000 in the 22/23 tax year, upon un-staking the 10 BTC. The disposal proceeds are £200,000, but the acquisition cost upon entry was £300,000.

CGT disposal – ‘Marren v Ingles right' to capital reward

The stake was for a year, rather than the estimated 6 months, therefore 0.5 BTC was received as a reward, rather than the 0.25 BTC which was estimated and subjected to CGT upon entering the stake. The market value of the 0.5 BTC received in March 2023 is £10,000.

There is a further capital gain of £2,500 upon receipt of the reward (disposal proceeds of £10,000 less the acquisition cost of £7,500). £7,500 of the reward is taxed in 21/22 when the BTC was staked and the balance of £2,500 is taxed in 22/23 when the stake was ended.

Overall capital gain/loss

There is a net capital loss of £97,500 in 22/23 (£100,000 loss on the principal and £2,500 gain on the reward). The net loss of £97,500 cannot be carried back to reduce the £207,500 capital gain realised on entry in 21/22. Therefore the £41,500 CGT remains payable by 31 January 2023, even though the value of the BTC has dropped significantly in value. The £97,500 loss can only be set against capital gains in 22/23 and future years.

CGT acquisition – re-acquisition of principal tokens staked and acquisition of reward

The 10 BTC re-acquired at the end of the stake has a CGT acquisition cost of £200,000. The 0.5 BTC received as a reward has an acquisition cost of £10,000. Accordingly, 10.5 BTC with acquisition cost of £210,000 is added to the S104 pool for BTC.

On sale of 10.5 BTC for fiat

Capital gain of £315,000 (£525,000 less value when un-staked of £210,000) in the 23/24 tax year.

The capital loss of £97,500 realised on exit in 22/23 was not used and was carried forwards to 23/24. Therefore the net capital gain in 23/24 is £217,500.

CGT of £43,500 (£217,500 at 20%) to pay for 23/24, due for payment to HMRC by 31 January 2025. This is in addition to the £41,500 paid on the £207,500 capital gain in 21/22.

In total £85,000 CGT is paid on the 10.5 BTC on a total capital gain of £425,000. No extra CGT has been payable as a result of the new HMRC guidance triggering a disposal upon entry and exit of the staking. It has just accelerated the payment of half of that CGT to the point of entering the staking activity, rather than it all being payable in 23/24 when cashed out for fiat.

3️⃣
Example 1A
Example 1B
Example 1D