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You are here: Home / Bitcoin Industry News / SEC Withdraws Controversial Crypto Tax Accounting Bulletin

January 24, 2025

SEC Withdraws Controversial Crypto Tax Accounting Bulletin

The U.S. Securities and Exchange Commission published a new Staff Accounting Bulletin Thursday withdrawing its controversial SAB 121.

SAB 121 directed banks and other public companies that they had to mark any customers’ crypto assets on their own balance sheets. SAB 122 “rescinds the interpretive guidance” and instead directs firms to use Financial Accounting Standards Board rules or International Accounting Standard provisions.

“The staff reminds entities that they should continue to consider existing requirements to provide disclosures that allow investors to understand an entity’s obligation to safeguard crypto-assets held for others,” Thursday’s notice said.

The guidance it rescinds, SAB 121, was supported by former SEC Chair Gary Gensler, who said it would protect investors in the event of bankruptcies.

“What we have found actually in bankruptcy court, time and again, many times now, that indeed, bankruptcy courts have said that crypto assets are not bankruptcy remote,” he told Reuters in 2023.

However, SAB 121 drew ire from much of the crypto industry, and was the subject of a Congressional Review Act resolution passed by both the House and Senate, though that resolution was vetoed by former President Joe Biden.

SEC Commissioner Hester Peirce, who was recently named the head of a new crypto task force, has long opposed the guidance, saying after its adoption in 2022 that the guidance did not account for the SEC not issuing any guidance about how securities laws apply to crypto and that an accounting bulletin might not be the right vehicle for the type of guidance contained in SAB 121.

Peirce announced the withdrawal on Thursday.

UPDATE (Jan. 24, 2024, 00:00 UTC): Adds additional detail.

Author: Nikhilesh De

Filed Under: Bitcoin Industry News

Expert Witness

Ty Sagalow head shotTy Sagalow's unique background in legal, underwriting, policy drafting and claims – and his designation as a “qualified insurance expert” by the United States District Court for the Southern District of California – offers attorneys an unparalleled resource in D&O, E&O and Cyber insurance coverage disputes. He was also named "Most Helpful Expert" in a recent $8.7M coverage decision.

Mr. Sagalow served as Chief Underwriting Officer and General Counsel for AIG Executive Liability (formerly National Union Fire Insurance Company of Pittsburgh, PA), the world’s largest carrier of Directors and Officers Liability and Professional Liability Insurance. As General Counsel, Mr. Sagalow personally wrote or led teams that wrote all the D&O policies and many of the professional liability policies that AIG produced between 1988 and 2000 – policies which continue to serve as the foundational wording for the D&O and professional liability policies in the market today. As AIG Executive Liability’s Chief Underwriting Officer, Mr. Sagalow was charged with all underwriting interpretations and decisions for AIG D&O/E&O policies. In 2009, Mr. Sagalow headed up the team that rewrote all D&O policies for Zurich North America.

Ty is a cum laude graduate of Georgetown University Law Center and holds a LLM from New York University School of Law.

Bitcoin Insurance

Combining his talents as a network security insurance expert and an insurance product development expert, Ty Sagalow is the leading expert on the unique risk and insurance needs of the bitcoin industry.

With the successful sale of BitSecure(tm), the first bitcoin theft insurance policy in February of 2015, he is the first to create a sustainable, robust insurance policy to cover the theft of bitcoins and other virtual currency backed by an A-Rated, global “top 10” Property and Casualty insurance company.

Company Profile

Innovation Insurance Group is an insurance consulting firm and insurance brokerage founded by 30-year insurance executive, Ty R. Sagalow, former Chief Underwriting Officer, General Counsel and Chief Innovation Officer at AIG, and former Chief Innovation Officer at Zurich, NA and Tower Group. IIG focuses on three core practice groups: product development, expert witness services (primarily in the Management and Professional Liability areas), and bitcoin industry brokerage services.

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