Steve Sokolowski wrote:
We didn't report them to FinCEN yet because we hadn't looked deeply into the exchange issue, so we probably would have discovered they don't offer exchange services to US customers when we did. Thanks for pointing that out - it's one less thing for us to do.
I'm not sure that your assertion about the way their marketplace works is completely accurate because the homepage is presenting as if they are a pool to the sellers. The sellers are just directed to enter a payout address in their usernames and connect, and some people could conceivably use their system without ever knowing it wasn't a pool. But even if you're right, they still aren't sending any forms.
The issue with Nicehash is that they do all sorts of shady stuff and aren't on a level playing field with everyone else. As another example, when a company is insolvent in the US, it is illegal to give preferential treatment to any creditor without a court ordering it. They are blatantly violating the law because, presumably, they're continuing to pay bills like bandwidth costs for their servers while delaying payouts to their customers. Their only option at the time of the hack was probably to liquidate, or maybe there was some way they could have stopped serving US customers and continued operations elsewhere. I'd also wager that the way they are paying back their debts in less valuable bitcoins, as opposed to how much value was actually stolen, would be contested if someone who had standing had bothered to take the issue to trial.
Like you, I hate these forms and these regulations. It would be better if none of it were required. But if the law is going to add on all this paperwork, then they should have to comply with it just as everyone else does.
I'm not sure where you're getting this information as how they present themselves to sellers, nor would it matter from a tax perspective. Directly from their website when you look to start selling hashrate:
"How does NiceHash work for you?
NiceHash is an open marketplace that connects sellers or miners of hashing power with buyers of hashing power. Buyers select the crypto-currency that they want to mine, a pool on which they want to mine, set the price that they are willing to pay for it, and place the order. This order is then forwarded to everyone who is connected to NiceHash with NiceHash Miner or other mining hardware (like ASICs). Your provided computing power will fulfil the buyers order and you get paid for this service."
So it's pretty clear how they operate. As for them sending forms, I said I couldn't be certain, but it seems that you must have direct evidence of this being the case. Is that accurate?
Returning of property is not "shady" if everyone involved agrees to the terms, which was required to obtain the bitcoins back. One could potentially sue for the value as opposed to the specific property, but again it doesn't appear that anyone bothered to do so. That's a shrewd business maneuver as it means the cost to the company was less, however, that also was a function of the market, as had it gone up the cost would be higher than the property at the time of the loss. So they're not treating any creditor with preference. They're returning property under the agreed upon terms. Or at least that's my interpretation of it.
I would prefer if you didn't assume my position on laws. A lot of these forms exist precisely because people would not comply with reporting their income. 1099-K is one of the most recent. But yes I will agree that the laws apply to everyone and need to be applied evenly.