Wash Sale Rule
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Key Takeaway
A US tax rule that disallows a capital loss deduction on a security sold at a loss if the same or substantially identical security is repurchased within 30 days before or after the sale.
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What Is Wash Sale Rule?
A US tax rule that disallows a capital loss deduction on a security sold at a loss if the same or substantially identical security is repurchased within 30 days before or after the sale.
How Wash Sale Rule Works
Frequently Asked Questions
Does the wash sale rule apply to cryptocurrency in the United States?
As of current IRS guidance, the wash sale rule does not formally apply to cryptocurrency in the United States. The rule explicitly covers securities — stocks, bonds, mutual funds, and options — and the IRS classifies cryptocurrency as property, not a security. This means crypto investors can currently sell an asset at a loss and repurchase it immediately without triggering the wash sale disallowance that would apply to an identical stock transaction. However, this exemption is actively debated in Congress, and multiple bills have proposed extending wash sale rules to digital assets. Investors relying on this strategy should monitor legislative developments carefully and consult a tax professional for the most current guidance.
What happens to a disallowed wash sale loss?
When the wash sale rule disallows a capital loss on a security, that loss is not permanently forfeited. Instead, the disallowed loss amount is added to the cost basis of the repurchased security. This increases the cost basis of the new position, which will reduce the taxable gain — or increase the loss — when that position is eventually sold in a future tax year. In this way, the wash sale rule defers rather than eliminates the tax benefit of the loss. The holding period of the original position may also be combined with the new position for long-term gain qualification purposes, depending on the circumstances of the repurchase.
Does the wash sale rule apply to crypto in other countries?
Some international jurisdictions apply equivalent provisions to cryptocurrency that function similarly to the US wash sale rule, even where the specific term is not used. In the United Kingdom, HMRC enforces a same-day rule and a 30-day bed-and-breakfasting rule for capital assets including cryptocurrency. Under these rules, selling a crypto asset and rebuying it on the same day — or within 30 days — matches the buy against the sell for cost basis purposes, effectively neutralising the loss. Investors in Australia, Canada, and other jurisdictions should also consult local tax guidance, as equivalent anti-avoidance provisions may apply to crypto disposals in their country.
Common Misconceptions About Wash Sale Rule
Since the wash sale rule doesn't apply to crypto, there are no limits on loss harvesting strategies.
The absence of the wash sale rule for cryptocurrency under current US guidance removes one specific restriction, but it does not mean crypto loss harvesting is without limits or risks. Capital losses are still subject to the $3,000 annual offset cap against ordinary income, with excess carried forward. The economic substance of transactions can be scrutinised by the IRS if patterns appear designed purely to manufacture artificial losses without genuine economic change. Additionally, the wash sale exemption may be extended to crypto by future legislation, potentially retroactively affecting strategies built around it. Tax planning should always account for regulatory risk and genuine economic substance.
A wash sale permanently destroys your capital loss — you can never claim it.
A wash sale does not permanently eliminate your capital loss. When a wash sale is triggered, the disallowed loss is added to the cost basis of the repurchased security. This deferred loss will reduce your taxable gain — or increase your deductible loss — when you eventually sell that repurchased position in a future tax year. The tax benefit is postponed, not cancelled. The only scenario in which a wash sale loss becomes permanently unavailable is if the repurchased securities are still held at the end of the tax year without being sold — in which case the benefit continues to defer until a future disposal occurs.
The wash sale rule only applies if you buy back the exact same coin or token.
For securities, the wash sale rule applies to purchases of the same or substantially identical assets — a broader standard than an exact match. The IRS can apply the rule to purchases of securities with near-identical characteristics, not only the precise same security. For cryptocurrency, while the rule currently does not formally apply, any future extension would likely incorporate a similar substantially identical standard. This could affect strategies involving selling one cryptocurrency and purchasing a closely related one — such as selling Ethereum and buying a wrapped version of Ethereum. Investors should not assume that minor differences between assets would automatically exempt transactions from wash sale treatment if the rule is ever extended to crypto.