Can I Write Off Crypto Losses on My Taxes and Keep Investing?
I've been putting about $1200 into this cryptocurrency throughout the year, just small amounts when I could. My average cost per coin works out to around $1.80 after all my purchases. Now at year-end, the price has crashed to like $0.75 per coin, but I actually still believe in the project long-term and want to keep investing in it next year. From what I've been reading online, it looks like you can write off up to $3000 per year in realized capital losses on your taxes after you sell. So I'm wondering - would it be legit to sell all my tokens right now in December, claim that loss on my taxes, and then just buy back in January? Would this help offset some other gains I have or reduce my tax bill? Or would the IRS consider this some kind of wash sale or tax avoidance scheme? I don't want to do anything shady, just trying to make the most of a bad situation while continuing to invest in something I believe in long-term.
19 comments


Lydia Bailey
The good news is that crypto is treated as property by the IRS, not as a security, so the wash sale rule doesn't currently apply to cryptocurrency transactions. That means yes, you can sell your crypto at a loss, claim that capital loss on your taxes, and then immediately buy back the same cryptocurrency if you want - even the next day. The $3,000 limit you mentioned is correct - you can use capital losses to offset any capital gains first, and then up to $3,000 of ordinary income per year. Any unused losses can be carried forward to future tax years. Just make sure you keep detailed records of all your transactions - dates, amounts, and cost basis - because you'll need to report each sale on Form 8949 and Schedule D. Also remember that each sale is a taxable event, so you're creating more reporting work for yourself.
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Mateo Warren
•Wait, so the wash sale rule doesn't apply to crypto at all? What exactly is the wash sale rule and why doesn't it apply to crypto when it does to stocks? Seems like a pretty big loophole!
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Lydia Bailey
•The wash sale rule prohibits selling a security at a loss and buying the same or a substantially similar security within 30 days before or after the sale. This rule specifically applies to stocks, bonds, and other securities - but the IRS currently classifies cryptocurrency as property, not securities. This distinction is why the wash sale rule doesn't currently apply to crypto. It is indeed a tax advantage for crypto investors, though there has been discussion about closing this loophole. The Build Back Better Act had proposed extending wash sale rules to crypto, but that legislation didn't pass in its original form. Always good to consult with a tax professional about your specific situation as regulations can change.
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Sofia Price
I went through exactly this situation last year when my Solana tanked. I was confused about all the tax implications of selling and rebuying, so I used this AI tax assistant at https://taxr.ai that really helped clarify things. The tool analyzed my transaction history and confirmed I could legally harvest the tax losses without triggering wash sale rules. The best part was it showed me exactly how to document everything properly for the IRS and calculated my exact loss amount. It even generated the right forms for my tax filing. Much easier than trying to interpret all the IRS language myself.
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Alice Coleman
•Does this tool work with all the different exchanges? I've got crypto spread across Coinbase, Binance, and a couple wallets. Can it handle pulling all that data together?
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Owen Jenkins
•I'm skeptical about these AI tools for taxes. How accurate is it really? I'd be terrified of getting audited if the AI misses something or misinterprets a rule.
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Sofia Price
•Yes, it works with all major exchanges including Coinbase and Binance. You can either connect your accounts directly or upload transaction CSVs from each platform. It consolidates everything into one report, which was super helpful for me since I also had crypto on multiple exchanges. Regarding accuracy, I was skeptical too initially. What convinced me was that it shows you exactly which IRS rules and guidelines it's applying to your situation. Everything is referenced back to specific tax codes. I actually compared its results with what my accountant calculated and they matched perfectly. The AI isn't making up rules - it's applying the established IRS guidelines to your specific transaction data.
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Owen Jenkins
Just wanted to follow up about my experience with taxr.ai. After expressing my skepticism, I decided to try it anyway since my crypto tax situation was getting complicated. I was honestly surprised by how accurate and helpful it was. The tool flagged several transactions I had completely forgotten about from early 2023 that would have caused issues on my tax return. It also showed me that I could harvest about $2,200 in losses that I didn't realize were eligible. What really impressed me was how it explained each calculation in plain English instead of tax jargon. I'm still using my regular accountant, but now I'm bringing him the reports from taxr.ai as a starting point which has saved me money on his hourly fees too.
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Lilah Brooks
If you're planning to cash out those crypto losses but are worried about properly reporting everything to the IRS, good luck getting through to them with questions! I spent HOURS trying to reach someone at the IRS last year to clarify some crypto reporting requirements. After being on hold forever and getting disconnected twice, I found this service called Claimyr at https://claimyr.com that got me through to an actual IRS agent in under 20 minutes. They have a demo video showing how it works here: https://youtu.be/_kiP6q8DX5c I was super skeptical at first, but they basically hold your place in the IRS phone queue and call you when an agent picks up. The agent I spoke with clarified exactly how to report my crypto losses, and I was able to confidently file my return. Definitely worth it if you need to speak with the IRS directly about any of this stuff.
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Jackson Carter
•How does this even work? Seems like magic or a scam. Does the IRS know about this service and approve of it?
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Kolton Murphy
•No way this actually works. I've tried EVERYTHING to get through to the IRS and nothing works. They're basically unreachable. I'll believe it when I see it.
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Lilah Brooks
•It works by using an automated system that continually redials and navigates the IRS phone tree until it gets through to an agent. When an agent answers, it connects that call to your phone. It's basically like having someone wait on hold for you. The IRS doesn't officially endorse it, but there's nothing against the rules about it either. It's just a call connection service - once you're talking to the IRS agent, it's a direct conversation between you and them. The service doesn't listen in or interfere with the call.
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Kolton Murphy
I owe everyone an apology for my skepticism about Claimyr. After dismissing it, I was desperate enough to try it last week when I needed clarification on how to document some complex crypto-to-crypto exchanges on my taxes. I was absolutely shocked when my phone rang 27 minutes later and an actual IRS representative was on the line. I nearly fell out of my chair! The agent walked me through exactly how to report my situation, and I got the documentation I needed to properly file my taxes. This saved me from potentially making a reporting error that could have triggered an audit. If you're dealing with crypto tax questions and need official answers, this is legitimately the best way to get through to the IRS.
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Evelyn Rivera
One thing nobody's mentioned yet - if you do sell and rebuy, make absolutely sure it's in different calendar years! I screwed this up last year by selling on Dec 30th and rebuying on Dec 31st, thinking it was fine as long as it was a different "transaction day." My tax software flagged it as all happening in the same tax year, which complicated things. To be totally safe, I'd sell in late December and wait until at least January 2nd to rebuy. Just my two cents from someone who learned the hard way.
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Julia Hall
•Does it really matter if it's the same calendar year though? I thought the whole point was that crypto isn't subject to wash sale rules at all? So selling and rebuying immediately should be fine regardless of the year, right?
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Evelyn Rivera
•You're right that crypto currently isn't subject to wash sale rules, so technically you could sell and rebuy immediately in the same year. The issue I ran into was more about clearly documenting the tax loss for the specific tax year. When I sold and rebought in the same calendar year (and very close together), it created confusion in my reporting and with my tax software. The software kept trying to link the transactions together, and I had to manually separate them. By splitting the transactions across tax years, everything is much cleaner from a reporting perspective. The loss clearly belongs to the year you sold in, and the new position clearly starts in the new tax year with no ambiguity.
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Arjun Patel
Umm, aren't we forgetting about the "economic substance doctrine"? The IRS can disallow transactions that don't have a real economic purpose beyond tax avoidance. If you sell and immediately rebuy the exact same crypto, they might argue there was no real economic purpose. I'm not a tax pro but I read about this somewhere. Maybe someone here knows more?
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Jade Lopez
•That's more applicable to complex corporate tax shelters than to individual investors making normal investment decisions. As long as you have a legitimate investment purpose (which it sounds like OP does - they believe in the long-term prospects), tax-loss harvesting is a widely accepted practice. Even traditional brokerages recommend it for stock portfolios. The key is having investment intent beyond just tax savings. The fact that OP genuinely wants to maintain investment in this crypto should be sufficient.
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Tony Brooks
Don't forget another benefit - if your losses exceed your gains plus the $3000 limit for ordinary income, you can carry forward the unused losses to future tax years! I had $7500 in crypto losses last year, used $3000 against my income, and am carrying forward $4500 to use this year. It's not just a one-year benefit. Think of it as the government letting you spread a large loss over multiple tax years, which is actually pretty reasonable when you think about it.
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