Vincere Tax - What are the Risks of Crypto Tax Loss Harvesting? (2024)

There are risks involved in everything worthwhile in life. That is no exception when it comes to tax loss harvesting or getting some losses on paper for your crypto stock.

The Federal Reserve recently implemented tougher rules and significantly raised interest rates in an effort to reduce excessive inflation. As with almost all financial markets, rising interest rates and a deteriorating economic climate have had a negative impact on the crypto market.

The total market cap of all cryptocurrencies recently fell below $1 trillion for the first time since January 2021. Digital currency prices, such as Bitcoin and Ethereum, are at their lowest levels since 2020. Now that the market is in a bear market, it's time to use a strategy like crypto tax-loss harvesting. How would you go about doing so?

Let's get started!

What Is Tax-Loss Harvesting in Cryptocurrency?

Crypto tax-loss harvesting entails selling assets at a loss in order to offset the loss with capital gains from other investments. People who use this tax strategy can reduce the amount of tax they must pay.

You can reduce the amount of taxes you owe by selling assets for less than what you paid for them when you do crypto tax-loss harvesting. If you made any capital gains during the year, this can be beneficial. Remember that realized gains can be taxed. When you sell an asset at a loss, you receive capital losses that can be used to offset capital gains.

This tax strategy is frequently used by crypto investors at the end of a tax year or when the market has dropped significantly. If you use the right tool or piece of software, crypto tax-loss harvesting can help you pay less tax.

Is it legal to claim tax losses from cryptocurrency?

It certainly is! It is completely legal and does not constitute tax evasion. However, if you want to use crypto tax-loss harvesting correctly to reduce your income taxes for the year, you must follow certain wash sale rules.

It should be noted that rules like these can vary from country to country.

To get the most out of the crypto tax-loss harvesting strategy, you must adhere to a crypto wash sale rule, which varies by country. This rule states that a taxpayer cannot deduct losses from the sale of a security or stock if they repurchase the same asset within 30 days.

This rule was enacted specifically to prevent taxpayers from selling assets in order to obtain tax breaks. Assume you earned a lot of money from your investments this year. If this is the case, you may discover that you have a large number of unrealized losses when you examine your holdings.

In this case, you could sell the cryptocurrencies to recover your losses. Then, before the value of the cryptocurrency rises, you could repurchase all of these currencies at a lower price. Because you used a wash sale, your capital losses aren't really losses because you put the money from the sale back into the same asset. Even if these losses aren't real, you can still use them to reduce your tax bill. Because of the ease with which crypto tax losses can be harvested, many tax offices have wash sale rules in place. An investor cannot profit from a wash sale under these rules.

When you examine the tax laws of the United States, the United Kingdom, Canada, and Australia, you will notice that each country has different capital loss limits.

US Capital Loss Cap

In the United States, there is no limit to how much a capital loss can be used to offset a capital gain. However, if your total capital losses exceed your total capital gains, you must follow some special rules. You can only use $3,000 in capital losses to offset $3,000 in capital gains in this case. Any unused losses can be carried forward to the following tax year.

Canada Capital Loss Cap

Canada's capital loss rules are a little different in that you can only deduct half of your total capital losses. However, there is no limit to how much capital gains can be deducted. If you lose more money than you make in a given year, you can carry these losses forward indefinitely.


UK Capital Loss Cap

Everyone in the United Kingdom has a capital gains tax allowance of £12,300. If your capital gains exceed your tax allowance, you can use your capital losses to reduce your capital gains until they are less than the amount of your tax allowance. Right now, you can use as many capital losses as you want for crypto tax-loss harvesting.

Australia Capital Loss Cap

If you live in Australia, you can use capital losses to offset capital gains. This option is not restricted in any way. However, you must use all of your capital losses before carrying them forward to future tax years. This means you can't carry capital losses forward if you still have capital gains.

How Does Crypto Tax Loss Harvesting Work?

Cryptocurrencies are capital assets, which means they function similarly to stocks or real estate. You cannot profit or lose money by trading, selling, or spending cryptocurrency. Assume you own a cryptocurrency that has lost half of its value since the time you bought it. Until you exchange or sell your coins, this is not considered a loss in cryptocurrency.


By offsetting capital gains, crypto tax-loss harvesting is an effective method for lowering the amount of taxes owed on your annual tax return. Don't forget that you can still harvest even if you didn't make any capital gains this year. Finding additional losses can also assist you in lowering your taxable income or even canceling out profits from stocks or other types of assets.

As an example, wash sale rules already apply to stocks, bonds, ETFs, and other investments, so you can't simply take losses on paper and then immediately repurchase the position. However, you can do so right now in Crypto. You can sell a depreciated Bitcoin, accept the loss on paper while the market is down, trade it in principle, and then trade it back to Bitcoin and lose nothing except transaction costs. You lose thousands of dollars in paper with those transaction costs. However, Congress may reject washed-out rules and make the decision retroactive. Take note that this is a risk!

The Benefits of Crypto Tax Loss Harvesting

The primary benefit of the crypto tax loss harvesting strategy is that it allows you to lower your capital gains taxes. You may also be eligible for additional benefits depending on your country.

You may, for example, be able to deduct some of your capital losses from your income, putting you in a lower tax bracket. If you switched to a lower tax rate, your tax bill would be significantly reduced. However, keep in mind that crypto tax-loss harvesting does not guarantee that you will never have to pay capital gains taxes again.

This technique's goal is to postpone these taxes. You will have more money to invest in cryptocurrency each year if you postpone your capital gains taxes. By offsetting capital gains, crypto tax-loss harvesting is an effective method for lowering the amount of taxes owed on your annual tax return. Don't forget that you can still harvest even if you didn't make any capital gains this year. Finding additional losses can also assist you in lowering your taxable income or even canceling out profits from stocks or other types of assets.

To connect with one of our tax professionals, schedule a FREE 1:1 session here.

The Drawbacks and Risks of Crypto Tax-Loss Harvesting

This tax strategy can be very beneficial, but there are a few potential drawbacks. Tax officials will not come to check on you if you follow the rules regarding wash sales. However, if you frequently buy and sell cryptocurrency, your transaction fees will mount. Each transaction can cost up to 4% in fees, depending on the exchange. If you want to be certain that you're actually saving money, you should factor in these fees when calculating how much crypto tax-loss harvesting will reduce your tax bill.

As previously stated, harvesting your crypto tax losses does not eliminate your capital gains. These gains will still have to be taxed at some point in the future. When you sell back-bought crypto assets, you must pay capital gains taxes. If you buy cryptocurrency at a much lower price due to the recent drop, your capital gains may be much larger than you anticipated. Depending on the size of these gains, they may cancel out the tax savings you received from using this strategy in the first place.


Should You Try Tax-Loss Harvesting with Crypto?

Although crypto tax-loss harvesting should not be used on a regular basis, a drop in market conditions is the ideal time to use this tax method. Using your unrealized losses in this manner can help you avoid paying immediate capital gains taxes. This strategy can help you keep your assets intact while the market is down. There aren't many issues with implementing this method because cryptocurrency sales in the United States are exempt from the wash sale regulations. If you decide to use this strategy, be sure to consult some of the previously mentioned resources to avoid costly mistakes.

We hope you found this information useful! Please contact us if you have any questions. We'd be delighted to speak with you.

To connect with a tax professional, schedule a FREE 1:1 session here.

Crypto tax-loss harvesting is a great way to save money on taxes because it allows you to postpone paying capital gains taxes until later. Now that the market has entered a bear market, it is time to employ strategies such as crypto tax-loss harvesting.

Being audited is comparable to being struck by lightning. You don't want to practice pole vaulting in a thunderstorm just because it's unlikely. Making sure your books are accurate and your taxes are filed on time is one of the best ways to keep your head down during tax season. Check out Vincere's take on tax season!

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This post is just for informational purposes and is not meant to be legal, business, or tax advice. Regarding the matters discussed in this post, each individual should consult his or her own attorney, business advisor, or tax advisor. Vincere accepts no responsibility for actions taken in reliance on the information contained in this document.

Vincere Tax - What are the Risks of Crypto Tax Loss Harvesting? (2024)

FAQs

What is the downside of tax loss harvesting? ›

This method may work but can also backfire for any number of reasons: extreme short-term gains in the substitute security purchased, for example, or if the stock or fund sold appreciates greatly before you have a chance to buy it back.

What are the tax implications of selling crypto at a loss? ›

Yes, you can write off crypto losses on taxes even if you have no gains. If your total capital losses exceed your total capital gains, US taxpayers can deduct the difference as a loss on your tax return, up to $3,000 per year ($1,500 if married filing separately).

Should I sell crypto for tax loss harvesting? ›

Should I harvest tax losses crypto? If you have a total capital loss in crypto, you can use that loss to offset gains in other capital assets, deduct up to $3,000 from your income, or carry that loss forward to deduct from future capital gains in crypto or other asset classes.

Do you get a tax break if you lose money on crypto? ›

Can you write off crypto losses on your taxes? Yes. Cryptocurrency losses can be used to offset your capital gains and $3,000 of personal income for the year.

Who benefits from tax-loss harvesting? ›

Tax-loss harvesting helps investors reduce taxes by offsetting the amount they have to claim as capital gains or income. Basically, you “harvest” investments to sell at a loss, then use that loss to lower or even eliminate the taxes you have to pay on gains you made during the year.

What is the 30 day rule for tax-loss harvesting? ›

If you sell a security at a loss and buy the same or a substantially identical security within 30 calendar days before or after the sale, you won't be able to take a loss for that security on your current-year tax return.

Is it worth reporting crypto losses on taxes? ›

Thankfully, crypto losses are a candidate for tax write-offs, like any other type of investment losses. That means you can use the losses to offset capital gains taxes you owe on more successful investment plays.

What happens if you don't report crypto losses? ›

US taxpayers must report any profits or losses from trading cryptocurrency and any income earned from activities like mining or staking on tax return forms, such as Form 1040 or 8949. Not reporting can result in fines and penalties as high as $100,000 or more severe consequences, including up to five years in prison.

How do you account for crypto losses on taxes? ›

Reporting your crypto activity requires using Form 1040 Schedule D as your crypto tax form to reconcile your capital gains and losses and Form 8949 if necessary. You report your total capital gains or losses on your Form 1040, line 7.

How do you make money with tax-loss harvesting? ›

Investors using tax-loss harvesting may choose to sell some securities at a loss, then use those losses to offset capital gains or other taxable income. This lowers the tax bill the investor pays in that year, allowing them to reinvest the money they earned back into their portfolio.

When should I sell for tax-loss harvesting? ›

Professional investors typically suggest that the best time to harvest losses is at the end of the year, but there's also a strong case for doing it year-round.

When to sell crypto to avoid taxes? ›

If you dispose of your cryptocurrency after less than 12 months of holding, your profits will be considered ordinary income and taxed between 10-37%. For more information, check out our guide to crypto tax rates.

Can I write off crypto losses due to bankruptcies? ›

Bankruptcy and Frozen Accounts

If your digital asset investment account is frozen or your digital assets are tied up in bankruptcy proceedings, you can't claim a taxable loss because you don't have a closed and completed transaction.

Do I report crypto if I didn't sell? ›

Do you need to report taxes on Bitcoin you don't sell? If you buy Bitcoin, there's nothing to report until you sell. If you earned crypto through staking, a hard fork, an airdrop or via any method other than buying it, you'll likely need to report it, even if you haven't sold it.

Which crypto exchanges do not report to the IRS? ›

Some cryptocurrency exchanges do not report user transactions to the IRS, including: Decentralized crypto exchanges (DEXs) like Uniswap and SushiSwap. Some peer-to-peer (P2P) platforms. Exchanges based outside the US that do not have a reporting obligation under US tax law.

Can I use more than $3000 capital loss carryover? ›

Net capital losses in excess of $3,000 can be carried forward indefinitely until the amount is exhausted. Due to the wash-sale IRS rule, investors need to be careful not to repurchase any stock sold for a loss within 30 days, or the capital loss does not qualify for the beneficial tax treatment.

Why are capital losses limited to $3,000? ›

The $3,000 loss limit is the amount that can be offset against ordinary income. Above $3,000 is where things can get complicated.

Should I sell stock at a loss for taxes? ›

Fortunately, a losing investment does have a silver lining: You may be able to use your loss to lower your tax liability and better position your portfolio going forward. This strategy is called tax-loss harvesting, and it's one of the many tax-smart strategies that investors should consider.

How much stock losses can you write off? ›

Key Takeaways

You can use capital losses to offset capital gains during a tax year, allowing you to remove some income from your tax return. You can use a capital loss to offset ordinary income up to $3,000 per year If you don't have capital gains to offset the loss.

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