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What is the wash-sale rule, and does it apply to crypto?

What is the wash-sale rule, and does it apply to crypto?

According to the wash-sale rule, a tax regulation, investors cannot claim a tax loss on the sale of a security if they buy a “substantially identical” security within 30 days before or after the sale.

The Internal Revenue Service (IRS) established this rule to restrict investors from deducting a tax loss from their taxes if they sell an investment at a loss and subsequently buy a virtually identical security within 30 days. Instead, they are required to factor the loss into the new security’s cost base, which will reduce their gain or raise their loss when they eventually sell the new asset.

Cost basis refers to the original value of an asset used to determine the taxable gain or loss when the asset is sold or disposed of. This value typically includes the purchase price of the asset, along with any fees or commissions associated with the purchase. The cost basis may be adjusted to reflect the asset’s fair market value at the time of acquisition if the asset was received as a gift or inheritance.

When an asset is sold, the capital gain or loss is determined using the cost basis. If the sale price exceeds the cost basis, the investor obtains a capital gain, which may be subject to taxation. Conversely, if the sale price is less than the cost basis, the investor experiences a capital loss, which can be used to offset capital gains.

The term “substantially identical” applies to securities that are almost identical to the security sold, such as buying and selling the same stock within 30 days. However, determining what constitutes a substantially identical security can be challenging, and the IRS wields broad discretion in making this determination.

The wash-sale rule was implemented to prevent investors from claiming tax deductions for losses while maintaining their portfolio’s original structure. All forms of securities, including stocks, bonds, mutual funds, and options, are subject to this rule.

For example, if an investor sold shares of a certain company at a loss and then purchased shares of the same company or a similar one in the same sector within 30 days, the wash-sale rule would likely apply, and the investor would not be able to claim the tax loss on the sale. Likewise, if an investor sells shares in a mutual fund that tracks the S&P 500 index and then purchases shares of a different mutual fund that tracks the same index within 30 days, the investor is subject to a 30-day penalty.

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