Ransomware payments using Bitcoin, deductible?

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  • Rapid Robert
    Senior Member
    • Oct 2015
    • 1986

    #1

    Ransomware payments using Bitcoin, deductible?

    Something I read recently described a "ransomware negotiator", someone who serves as an intermediary (kind of) between the affected business and the ransomware perpetrator. There still has to be some level of trust to complete the transaction.

    I also saw a headline about US Treasury regulations making ransomware payments illegal, at least in some circumstances (I didn't go into the details).

    For purposes of ยง162(c)(2), are ransomware payments tax deductible for a business?

    If the payer (the taxpaying business) cannot provide any documentation as to the identity of the payee, since the payment was made anonymously via Bitcoin, are record-keeping requirements met? Yes, I know about the Cohen rule, but what would prevent an owner of the business from secretly ransom-waring their own company, and collecting the Bitcoin ransom as tax-free income?
    "You said it, they'll never know the difference. Come on, we'll paint our way out!" - Moe Howard
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  • terryats
    Senior Member
    • Jan 2019
    • 258

    #2
    Here is a good article from Bloomberg on the subject: https://www.taxconnections.com/user_...4e4a39e9bd.pdf

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    • TAXNJ
      Senior Member
      • Jan 2007
      • 2106

      #3
      Originally posted by terryats
      Here is a good article from Bloomberg on the subject: https://www.taxconnections.com/user_...4e4a39e9bd.pdf
      Interesting article with good references and footnotes for those wanting to explore further.
      Always cite your source for support to defend your opinion

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