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Taxes & RegulationIntermediate

Crypto wash sales: what the IRS rule says

The wash sale rule does not apply to cryptocurrency for US federal income tax. The IRS treats crypto as property, so a loss sale goes on Schedule D.

Vahe HakobyanVahe HakobyanEditor-in-chief Updated Oct 6, 20263 min readFact-checked
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Short answer

For US federal income tax, cryptocurrency falls outside the wash sale rule. A loss sale followed by an immediate rebuy is not disallowed today.

The wash sale rule exists to stop investors from claiming a tax loss on a stock and buying it right back. Stocks and securities fall under that rule, and the IRS has a separate category for cryptocurrency.

Why crypto is not a security

The IRS treats cryptocurrency as property for federal income tax. Stocks and securities are a separate category, and the wash sale disallowance is written for that category. Because crypto is property, the disallowance does not reach it.

What rebuying does to your loss

A crypto loss sale followed by an immediate rebuy is not disallowed today. You do not have to wait before you buy the coin back to keep the loss. Keep records of both trades so you can show the dates and amounts.

Before you report a crypto loss

  • Check that you sold cryptocurrency, not shares of a security.
  • Write down the buy and sell dates.
  • Save the trade confirmations from your exchange.
  • Keep business losses separate from investment losses.

Which IRS schedule reports the loss?

Where you report a loss depends on what you sold and how you held it. The table shows the common investment case.

Crypto losses and stock losses on a tax return
Criterion Crypto Stocks and securities
Loss type for an investment sale Capital loss Capital loss
Where you report it Schedule D Schedule D
Who holds the asset You hold the key in a wallet A brokerage holds the share

Frequently asked questions

Usually yes. ETF shares are securities, so the wash sale rule can apply to those shares. The rule follows the shares, not the cryptocurrency the fund tracks.

The wallet does not matter for this rule. Moving a coin between wallets you control is not a sale, so no loss arises on that transfer.

It could. The wash sale rule is in a statute, so applying it to digital assets would likely take a new law. Lawmakers have proposed changes, but nothing is in force today.

The IRS treats digital assets broadly, and the wash sale rule names stocks and securities. Stablecoins and NFTs are usually not stocks or securities.

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Written byVahe HakobyanVahe Hakobyan is the editor-in-chief of World-Crypt. He covers bitcoin, markets and regulation, and leads the newsroom that fact-checks every story before it goes live.