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Why your offshore crypto is no longer safe from the taxman

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Why your offshore crypto is no longer safe from the taxman

David Klasing, a tax attorney from California, recalls meeting a client whose early cryptocurrency holdings had grown to $700 million in eight years and, having never reported a dime of it, was losing sleep they’d be jailed for tax fraud.

Klasing says he recommended the client complete a voluntary disclosure, a penalty-reducing program for taxpayers who wilfully fail to report foreign assets. By coming forward proactively, they would avoid a criminal prosecution.

“That’s the fix for anybody that has large amounts of unreported crypto,” Klasing said in an interview. “I have people coming to me on a daily basis who are now reading about new reporting requirements the government’s trying to put in place with foreign exchanges, and who haven’t reported anything going back eons.”

There’s no doubt that if you’ve accumulated significant unreported gains on cryptocurrency held off-shore, tax authorities in the U.S., Europe and many other jurisdictions are now on your trail. The Crypto Asset Reporting Framework (CARF), which went into operation in various jurisdictions this month, was designed to align global reporting standards and, basically, compels foreign brokerages and exchanges to open their kimonos to tax authorities.

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“I expect to see a lot of countries taking the CARF as an inspiration to establish their own domestic reporting requirements,” said Colby Mangels, head of government solutions at crypto tax compliance firm Taxbit, “We will also see a lot more people educate themselves about crypto tax compliance. Because if you don’t report it, the authorities will find out what’s going on and that’ll be worse.”

The taxman cometh

It was already the case that U.S. taxpayers with cryptocurrency in foreign accounts had to report their holdings to the IRS over certain thresholds. The Foreign Bank Account Reporting (FBAR) requirements apply to accounts over $10,000, while a Foreign Account Tax Compliance Act (FATCA) form must be filled out for foreign assets varying between $50,000 and $100,000-plus.

Of course, crypto was designed to stay out of sight of governments, which means it’s taken some time — bitcoin first appeared in 2009 — for tax authorities to get to grips with the asset class, not to mention the global patchwork of exchanges and trading platforms. But it’s a process that has steadily advanced, Klasing said, going all the way back to when the IRS challenged Swiss banking secrecy back in the mid-noughties.

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Back then, the agency issued a John Doe summons to Swiss wealth management powerhouse UBS for the names of U.S. taxpayers with undeclared accounts between 2002 and 2007. It’s possible to see similarities between numbered bank accounts and cryptocurrency-controlling alphanumeric keys, with the obvious exception that anyone can be issued with the latter.

‘Money in a suitcase’

While crypto exchanges and brokerages are now being asked to provide authorities with account information in a way that doesn’t hurt investors, Klasing says he comes across people who are using techniques like decentralized finance (DeFi) to cover their tracks.

“They believe the paper trail behind DeFi is harder for the government to follow or is untraceable. A lot of them are using mixers, and doing everything they can not to report cryptocurrency,” Klasing said.

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Taxbit’s Mangels remembers working on the early version of the U.S. foreign account tax rules common reporting standard (FATCA CRS), which was enabled in 2010 and focused on “old school money laundering and tax evasion,” he said.

“The original framework is from the days when you had to put your money in a suitcase and get on an airplane to some foreign country and open a bank account there,” Mangels said in an interview. “Today, I can use my laptop to transact in crypto from my living room, using platforms located anywhere in the world, which is a huge risk for governments.”

Mangels went on to join the Organisation for Economic Co-operation and Development (OECD) in Paris where he became one of the main architects of CARF.

Like crypto’s anti-money laundering (AML) procedures and standards, CARF requires crypto service providers such as exchanges and wallet providers to collect private and sensitive information about their customers. In this case, customers’ transactions are reported to local tax authorities, who then share the information with the customers’ home countries, just as they do with traditional bank account data.

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While sophisticated blockchain analytics firms such as Chainalysis, Elliptic, TRM and Crystal can track and trace wallet transactions onchain, the trail goes dark when transactions take place within a crypto exchange or other private trading platform, which is where the vast majority occur, Mangels pointed out.

The new rules provide authorities with the light they need. Tax examiners and law enforcement will become privy to a three-fold combination of information including fiat on- and off-ramp data, onchain analytics of wallets on the public blockchains and CARF’s hitherto unseen ledger book data from inside exchanges.

Wallet tracking, tax IDs, subpoenas

“It’s going to trigger a lot of investigations and a lot of interest from governments who have wanted this data and find it’s very complementary to onchain analytics,” Mangels said. “Let’s say the government gets some CARF data and realizes someone didn’t declare some taxes, they’ll then subpoena the crypto asset service provider that they’ve identified as holding the relevant information.”

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Over 70 countries have now committed to CARF, and over 50 saw the legislation go live at the beginning of 2026, Mangels said. This means many crypto firms will begin collecting self-certification information on their customers such as their tax ID and tax residency.

Transactions will be tracked during 2026, and the first bout of reporting will take place in 2027, when each tax authority will have gathered the necessary information from its exchange partners.

As for Klasing’s client, since they were prepared to turn themself in, the terms they face, which include six years of amended returns, penalties and interest, might seem a little egregious, Klasing said. But they’re being given a pass for something that’s almost like money laundering, he added.

“This is the only crime in America where it can be a completed crime and if you handle it right, you get absolved for your sins and you don’t go to jail,” Klasing said. “Why? Because you’re voluntarily fixing the problem.”

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Crypto World

NYSE Lifts Crypto Options Cap Across 11 BTC and ETH ETFs

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Crypto Breaking News

Two NYSE-affiliated venues have scrapped the 25,000-contract cap on options tied to 11 crypto ETF options, a move the exchanges filed with the Federal Register on March 10. The Securities and Exchange Commission acknowledged the rule alterations on Sunday by waiving the standard 30-day waiting period, meaning the changes are now in effect. The initiative removes price-discovery restrictions and the position-limit cap that had governed crypto ETF options since their November 2024 debut.

The policy shift ushers crypto ETF options closer to the regime applied to other commodity ETFs, potentially boosting institutional trading flexibility, liquidity, and ease of entry and exit. The development also paves the way for FLEX options—customizable terms such as non-standard strike prices, expiration dates, and exercise styles—to be applied to crypto ETF options.

Among the 11 crypto ETF options affected are major listings from BlackRock, Fidelity, and ARK, including BlackRock’s iShares Bitcoin Trust (IBIT), Fidelity’s Wise Origin Bitcoin Fund (FBTC), and ARK 21Shares Bitcoin ETF (ARKB). The notice also covers Bitcoin and Ether ETFs issued by Bitwise and Grayscale, expanding a footprint that has grown since the initial option-limits regime was put in place.

In parallel, the SEC’s acknowledgment of the rule changes adds a note of continuity to an ongoing regulatory arc around crypto ETF products. The latest action follows a July decision that removed the 25,000-contract limit for the Grayscale Bitcoin Trust ETF (GBTC), signaling a broader regulatory openness to easing constraints on crypto-derived derivatives.

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Beyond the NYSE venues, another development looms: Nasdaq’s options arm, Nasdaq International Securities Exchange, has filed to raise the contract position limit for BlackRock’s IBIT to 1 million. That proposal remains under review by the SEC as of a February 27 notice, underscoring an industry-wide interest in expanding capacity for crypto-based hedging and trading instruments.

The shift comes against a backdrop of heightened attention to liquidity and transparency in crypto markets, with exchanges and issuers seeking to improve price discovery and provide more robust hedging tools for institutional participants. While the core economics of crypto ETFs and their options remain subject to market forces, removing artificial caps can enhance capital efficiency for institutions, market-makers, and sophisticated retail participants alike.

Key takeaways

  • The NYSE Arca and NYSE American have removed the 25,000-contract limit and price-discovery restrictions on options linked to 11 crypto ETF options, effective after SEC’s waiver of the standard 30-day waiting period.
  • The change brings crypto ETF options closer to the handling of traditional commodity ETF options and enables FLEX options with customizable terms.
  • 11 crypto ETF options are affected, including BlackRock’s IBIT, Fidelity’s FBTC, and ARK’s ARKB, with Bitwise and Grayscale’s BTC-related offerings also covered.
  • The development follows earlier regulatory moves, including the SEC’s July decision to remove the 25,000-contract cap for GBTC, signaling a gradual easing of previous constraints.
  • Nasdaq ISE is seeking to lift its own cap for IBIT to 1 million contracts, a proposal still under SEC review as of late February.

Regulatory steps and what changed

NYSE Arca Inc. and NYSE American LLC filed three rule changes with the Federal Register on March 10 to eliminate the 25,000-contract position limit and price-discovery restrictions on options tied to 11 crypto ETF products listed on their exchanges. The actions mark a notable shift from the framework established when crypto ETF options first began trading in November 2024, when broad caps were designed to curb market manipulation and volatility.

The SEC’s decision to waive the usual 30-day waiting period means the amendments are now in effect. This waiver eliminates a standard cooling-off period that typically gives market participants time to react to regulatory changes, accelerating the practical impact of the rules for exchanges, brokers, and traders.

From a structural perspective, the moves align crypto ETF options with the broader approach applied to commodity ETF options, potentially improving liquidity by enabling more complete hedging and arb opportunities. The removal of the cap also dovetails with a push to offer more flexible trading tools, including FLEX options, which permit non-standard strike prices and expiration dates and more diverse exercise styles.

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Which products are affected and why it matters

While the notice does not list every instrument in detail, it confirms that 11 crypto ETF options are covered. The set includes high-profile offerings from BlackRock, Fidelity, and ARK, notably the iShares Bitcoin Trust (IBIT), the Wise Origin Bitcoin Fund (FBTC), and ARK 21Shares Bitcoin ETF (ARKB). The scope also extends to Bitcoin- and Ether-focused ETFs issued by Bitwise and Grayscale, underscoring a broadening ensemble of crypto-linked options now subject to a more permissive regime.

For investors, the implications are tangible. Fewer constraints on contract size and governance around price discovery can translate into deeper liquidity and more efficient entry and exit for complex hedging strategies. Market-makers gain additional flexibility in pricing and risk management, which could reduce spreads and improve execution quality in volatile periods. Traders who rely on precise volatility hedges or sophisticated spreads may find the availability of FLEX options particularly advantageous, enabling strategies that were previously constrained by standard exchange rules.

From an issuer perspective, these changes could support more robust options markets around crypto ETFs, enhancing the attractiveness of listed products for institutions that require scalable hedging and leverage management. The broader regulatory signal—easing limits while maintaining oversight—also matters for credibility and institutional onboarding within the crypto asset space.

Nevertheless, observers should note that the crypto ETF landscape remains a function of evolving market structure, regulatory sentiment, and product demand. While the caps are lifting, liquidity will still hinge on actual trading volumes, market-making capacity, and the availability of reliable underlying data for price discovery. The market will likely watch volumes and bid-ask dynamics closely in the coming quarters to gauge the real-world impact of the change.

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Broader context and what to watch next

The SEC’s posture toward crypto-based options continues to unfold. The Nasdaq ISE’s bid to raise IBIT’s position limit to 1 million contracts illustrates a broader ambition to expand trading capability for crypto ETFs beyond the NYSE-anchored venues. As regulators weigh these proposals, the interaction between rule changes, liquidity, and market integrity will be a focal point for investors and issuers alike.

Market participants should also monitor how providers respond to the new FLEX options framework. Customizable terms could unlock nuanced hedging structures that align with institutional risk management needs, but they may also introduce additional complexity that requires careful governance and risk controls.

In short, the current move by NYSE Arca and NYSE American marks a meaningful step toward normalizing crypto ETF options with traditional derivatives markets. If liquidity improves as anticipated, more investors may incorporate crypto ETF options into diversified hedging programs, potentially deepening the role of listed crypto products in mainstream portfolios. The coming months will reveal how the market consumes these changes and whether further regulatory shifts follow.

Readers should keep an eye on trading data for IBIT, FBTC, ARKB, and related Bitwise and Grayscale ETFs as well as any developments from the SEC or Nasdaq ISE regarding contract limits, price-discovery mechanics, and the broader trajectory of crypto derivatives regulation.

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Risk & affiliate notice: Crypto assets are volatile and capital is at risk. This article may contain affiliate links. Read full disclosure

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NYSE Exchanges Remove Cap Limiting Crypto Options

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NYSE Exchanges Remove Cap Limiting Crypto Options

Two New York Stock Exchange-affiliated exchanges have removed the 25,000 contract position limit on options tied to 11 crypto exchange-traded funds.

NYSE Arca and NYSE American each filed three rule changes in the Federal Register on March 10 to remove contract position limits and price discovery restrictions for options linked to Bitcoin (BTC) and Ether (ETH) ETFs listed on their exchanges.

These were acknowledged by the Securities and Exchange Commission on Sunday, with the SEC waiving the standard 30-day waiting period for both sets of proposed rule changes, meaning they are now in effect.

11 crypto ETFs are impacted by the options rules changes on NYSE Arca and NYSE American. Source: SEC

The limits were imposed when crypto ETF options first started trading in November 2024. Limits of this nature are typically imposed to prevent market manipulation and volatility. T

The removal of those limits now puts them closer to how other commodity ETF options are treated, and gives institutions greater trading flexibility while also potentially boosting liquidity and making it easier to enter and exit positions. 

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It also allows the crypto options to be traded as FLEX options, which include customizable terms such as non-standard strike prices, expiration dates and exercise styles.

Related: Scaramucci says BTC’s 4-year cycle still in play, forecasts rise in Q4 

A total of 11 crypto ETF options are affected by the rule changes, including BlackRock’s iShares Bitcoin Trust (IBIT), Fidelity’s Wise Origin Bitcoin Fund (FBTC) and ARK 21Shares Bitcoin ETF (ARKB).

Bitcoin and Ether ETFs issued by Bitwise and Grayscale are also affected.

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