Tezos Validator Node Operator Josh Jarrett Sues the IRS Again Over Staking Rewards Taxation

Supported by Coin Center, Jarrett argues that block rewards should not be taxed as income at the time of receipt. They should be taxed only when they are sold.

Tezos validator sues IRS over staking rewards tax treatment

A Tezos validator node operator has filed a new lawsuit against the Internal Revenue Service (IRS) over its approach to taxing cryptocurrency staking rewards.

Josh Jarrett, who is supported by Coin Center in his legal battle, argues that block rewards should not be taxed as income at the time of receipt but only when they are sold. He is seeking a refund of $12,179 in taxes paid on 13,000 XTZ purchased in 2020.

“I shouldn’t be taxed when I create new tokens through staking. The law on newly created property is clear, but the IRS hasn’t been… and that’s why I sued,” Jarrett stated in his tweets, expressing frustration over the IRS’s unclear stance on newly created property.

Second lawsuit versus the IRS over staking rewards

This marks the second time that Jarrett has taken legal action against the IRS over the taxation of staking rewards. In 2021, he challenged his 2019 tax bills, arguing that staking rewards should only be taxed when sold. While the IRS ended up issuing him a $4,000 refund, it did not address the core issue, leading to the case’s dismissal earlier this year.

Jarrett, however, rejected the refund, seeking a definitive court ruling to clarify future tax obligations for staking rewards. In 2023, the IRS issued new guidelines, stating that staked rewards would be taxed as income upon receipt, contradicting the previous refund decision.

As for the Tezos network, Jarrett relies heavily on it and received around 13,000 Tezos tokens through staking by the end of 2020. He argues that these tokens should not be considered income until sold, as they are newly created property.

The IRS’s current stance on taxing staking rewards impacts many cryptocurrency users, especially those using proof-of-stake systems like Tezos. Jarrett’s lawsuit highlights the burden on taxpayers, who must value each reward for tax purposes regardless of their intent to sell.

He is also looking for an injunction to prevent the IRS from applying the same tax treatment and future refunds. “Taxing staking rewards as income when they’re created adds unnecessary complexity and over-taxation for individuals like me who engage in staking,” Jarrett stated, stressing the need for clear guidelines.

Josh Jarrett’s staking journey

In his lawsuit papers, Jarrett details his journey of creating Tezos tokens through staking throughout 2020. On October 6, 2020, using a Mac laptop running Tezos software at his home, he created Tezos block number 1,159,060 and 40 new Tezos tokens. This process was repeated multiple times over the year.

By the end of 2020, Jarrett had created approximately 13,714 Tezos tokens through his staking efforts. These tokens were entirely his creation and immediately belonged to him.

They were not paid to him by any person or entity, nor did they exist before he created them. There were no corresponding debits from others to match his credits.

Importantly, Jarrett did not sell any of these 13,714 tokens in 2020. At their creation, these tokens had an estimated value of $32,836. The value was determined using historical market price reports. Jarrett used it to assign a dollar value to each token based on the date it came into his control. This valuation highlighted the fluctuating nature of Tezos token prices in various markets.

Jarrett’s lawsuit seeking legal clarity and refund

In his latest lawsuit, Jarrett is seeking a refund for the taxes he paid on his 2020 staking rewards and an injunction to prevent future taxation on unsold staking rewards. He argues that the IRS still needs to address the core issue from his previous case fully, which has potentially left him with recurring tax liabilities in the coming years.

“We are supporting a new case to keep pressure on the IRS after it punted the first time,” Coin Center said. This lawsuit could set a crucial precedent for how staking rewards are taxed, impacting many others involved in blockchain validation and staking.

“I’ll continue to provide updates as the case moves forward. This is about ensuring fair taxation and that the IRS can’t sidestep the law through uncertainty. Stay tuned.”

In a post on X, Jarrett mentioned that he will closely monitor the case and keep the community updated on any new developments.