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Tax Lawyer > Blog > Ponzi Schemes Tax Laws > The Safe Harbor is very meaningful for direct Ponzi Scheme victims – like those involved with the FTX, SBF and Alameda Research fraud.

The Safe Harbor is very meaningful for direct Ponzi Scheme victims – like those involved with the FTX, SBF and Alameda Research fraud.

The Ponzi Scheme is a theft loss, and is tax deductible in the year the loss is discovered.

It is important to note, recently (January 24, 2023) the IRS updated questions on common digital assets that include: Convertible virtual currency and cryptocurrency, Stablecoins, and Non-fungible tokens (NFTs). All taxpayers must answer Yes or No to the digital asset question.

Be aware, if you want to get in to the Safe Harbor (The IRS Revenue Procedure) – you have to get started now. 2022 is the “Year of Discovery” for this Ponzi. Don’t be last in line – the IRS is going to be bombarded. A tax attorney can provide valuable legal advice and representation in complex tax matters like this.

Professional Tax Planning: With a professional team in place, the steps generally will be as follows: Records, Basis Calculations, Sources of Recovery, Loss in Year of Discovery, Accounting Schedules and Forecasts. These projections will be critical.
Anyone involved in a Ponzi Scheme should seek a tax attorney to help you minimize your tax liability while complying with the relevant tax laws and regulations.

References:

Contact Richard S. Lehman, United States Tax Attorney:

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