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If IRS rule isn’t rolled back, DeFi has three choices — Alex Thorn

Introduction

The recent Internal Revenue Service (IRS) ruling has sparked significant controversy within the cryptocurrency ecosystem. By designating decentralized finance (DeFi) front-ends as brokers, the IRS has introduced a level of scrutiny that could profoundly impact this booming sector. This article delves into the implications of this ruling and explores potential responses from stakeholders.

Alex Thorn’s Proposed Options for DeFi

Alex Thorn, a renowned researcher at Galaxy Digital, has outlined three distinct pathways for DeFi platforms in response to the IRS designation:

1. Compliance with Reporting Requirements

Under this option, DeFi services could comply with IRS reporting obligations while maintaining their status as brokers. This would involve integrating necessary reporting frameworks without compromising on existing functionalities.

2. Shielding Users from U.S. Jurisdiction

In an attempt to evade IRS jurisdiction, some platforms might opt to restrict access to users residing in the United States. However, this approach could lead to a significant reduction in user base and operational challenges for affected DeFi applications.

3. Abandoning Smart Contract Upgrades

Thorn suggests that if platforms cannot comply with broker designations due to technological constraints, they might consider abandoning smart contract upgrades or ceasing revenue generation through such mechanisms.

Alex Thomson emphasized:

"DeFi applications without front-end websites, non-upgradeable contracts, and unable to receive consideration from digital asset disposition—i.e.,收取交易费用—would be exempt from being classified as brokers under the proposal."

In other words, platforms that cannot adapt to broker requirements due to technological limitations or design constraints would not be subject to IRS broker reporting obligations.

The Broader Implications of This Proposal

The potential exemptions outlined by Thorn could lead to a bifurcation within the DeFi space. Some platforms might find themselves in a position where they can no longer claim independence from broker obligations, while others may pivot toward alternative strategies to navigate this regulatory landscape.

Criticism and Reactions in the Industry

The IRS ruling has drawn sharp criticism from various quarters of the crypto industry:

1. Advocacy Groups

Crypto industry advocacy groups have expressed widespread opposition, citing that such broad IRS jurisdiction over DeFi could stifle innovation and limit market accessibility. A coalition of prominent organizations has called on Congress to halt the rulemaking process.

2. Industry Leaders

Key figures within the crypto space have highlighted concerns about the potential impact on decentralized platforms:

  • "This rule seems overly broad and intrusive," stated [Name], a leading crypto executive.
  • "The IRS appears to be treating DeFi as a pawn in its regulatory agenda, which could have long-lasting negative consequences for the sector."

3. Legal Expert Opinions

Analysts have pointed out potential constitutional issues with the proposed rule changes, urging careful consideration of how these measures might be interpreted and enforced.

Final Rule Details

The IRS finalized its proposed regulation on December 27, 2024. The agency clarified that front-end service providers will be classified as brokers, encompassing decentralized exchanges (DEXs). This change is projected to take effect in early 2027.

Industry and Legal Reactions

1. Regulatory Backlash

Cryptocurrency enthusiasts and industry experts have called for immediate regulatory intervention, with some suggesting that such broad IRS jurisdiction could extend beyond DeFi into other sectors, raising concerns about government overreach.

2. Blockchain Startup Reactions

Several blockchain startups and law firms have issued statements condemning the rule as unconstitutional and a violation of free market principles. These groups are actively monitoring developments to ensure compliance and protect their investments.

The Ongoing Legal Battle

A joint lawsuit has been filed against the IRS by key crypto organizations, including the Texas Blockchain Council, the Blockchain Association, and the DeFi Education Fund. The case challenges the validity of the proposed regulation, arguing that it constitutes unlawful overreach by government agencies.

Conclusion

The IRS designation of DeFi front-ends as brokers is poised to have far-reaching consequences for the cryptocurrency ecosystem. As stakeholders navigate this regulatory landscape, careful consideration of alternative strategies and collaborative efforts with regulators will be critical in preserving innovation and market integrity.