Crypto Wash-Sale Rule

Short answer: not yet. Because the IRS still classifies crypto as property, the 30-day wash-sale rule does not currently apply. You can sell at a loss and re-buy the same coin minutes later. Legislation to close this is on the table — see below.

Capital GainsShort vs Long-TermLoss HarvestingForm 8949BitcoinEthereumWash-Sale Rule
Not tax advice. Estimates only, US federal brackets (2025/2026), no state tax. Confirm every number with a licensed CPA before filing.
CSV format: date, type, asset, qty, price_usd. Type is buy or sell. Date is YYYY-MM-DD. Price is total per-unit USD price (not total cost).

Form 8949 summary

Per-lot detail, FIFO matched. Copy into your tax software or download as CSV.

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What is a wash sale?

A wash sale is when you sell something at a loss and buy a "substantially identical" position within 30 days before or after. For stocks, the IRS disallows the loss — you can't claim it on your return. The disallowed loss adjusts the cost basis of the replacement position instead.

Why crypto is different (for now)

Section 1091 (the wash-sale rule) applies to stocks and securities. The IRS has consistently classified crypto as property, not a security. So the rule technically doesn't apply. Several bills (most recently in the 2024 Build Back Better drafts and reintroduced in 2025) propose extending wash-sale rules to digital assets. Until one passes, the loophole is open.

Practical take

You can harvest a crypto loss and re-establish your position the same day. Document the trade. Run the calculator below to see the impact.