Spot Crypto vs Spot ETF Tax-Loss Harvesting & Wash Sale Simulator
Under IRC § 1091, the 30-day Wash Sale Rule disallows losses only on "shares of stock or securities." Because direct spot cryptocurrencies (BTC, ETH, SOL) are classified as property under IRS Notice 2014-21, spot crypto is exempt from the 30-day wash sale rule (subject to IRC § 7701(o) Economic Substance). By contrast, SEC-registered Spot Bitcoin & Ethereum ETFs (IBIT, FBTC, BITB, ETHA) ARE securities and trigger mandatory 61-day wash sale disallowances.
- IRC Section
- 26 U.S.C. §§ 61, 1001, 1012, 1222, 1411, 6045
- IRS Form & Line
- IRS Form 8949 (Parts I & II) → Schedule D (Form 1040)
- 2026 Federal Rate
- 0% / 15% / 20% LTCG (>365d) · 10%–37% STCG (Rev. Proc. 2025-32)
- 3.8% NIIT Applicability
- 3.8% Form 8960 Surtax > $200k Single / $250k MFJ (IRC § 1411)
- 1099-DA Box Mapping
- Box 1f Proceeds → Col (d) · Box 1g Basis → Col (e) · Box 3b/9
- Statute of Limitations / Rev. Proc.
- 3 Yrs Standard (IRC § 6501(a)) · 6 Yrs >25% Omission · Rev. Proc. 2024-28
▸ Inspect 1200×675 CPA Statutory Workpaper Summary Card (Crypto Tax-Loss Harvesting & Wash Sale Cal) WebP 1200×675
Interactive Loss Harvesting & § 1091 Wash Sale Simulator
Spot Property vs ETF SecurityIRS Statutory Rule: Spot Crypto vs Spot ETF Tax is governed in 2026 by IRS Rev. Proc. 2025-32 (0%/15%/20% long-term brackets plus 3.8% NIIT) and mandatory Form 1099-DA gross proceeds reporting.
2026 Taxpayer Scenario Comparison Matrix (Single $75k vs Married $250k vs High-Earner $600k+)
The statutory matrix below compares 2026 combined Federal, 3.8% Net Investment Income Tax (IRC § 1411 Form 8960), and Federal Baseline (0% State Tax) tax liabilities across three representative US taxpayer profiles:
| Statutory Dimension / Tax Metric | Profile A: Single Filer ($75,000 Base AGI + $15,000 Crypto Gain) | Profile B: Married Joint ($250,000 Base AGI + $50,000 Crypto Gain) | Profile C: High-Earner ($600,000+ Base AGI + $250,000 Crypto Gain) |
|---|---|---|---|
| 2026 Federal Ordinary / Short-Term Rate (<= 365 Days) | 22.00% Federal (22.00% Combined) | 24.00% + 3.80% NIIT (27.80% Combined) | 37.00% + 3.80% NIIT (40.80% Combined) |
| 2026 Federal Long-Term Capital Gains Rate (> 365 Days) | 15.00% Federal (15.00% Combined) | 15.00% + 3.80% NIIT (18.80% Combined) | 20.00% + 3.80% NIIT (23.80% Combined) |
| Estimated Tax on Short-Term vs Long-Term Disposition | $3,300 (ST) vs $2,250 (LT) | $13,900 (ST) vs $9,400 (LT) | $102,000 (ST) vs $59,500 (LT) |
| Long-Term Holding Period Tax Savings (> 1 Year) | $1,050 Saved (7.00% Spread) | $4,500 Saved (9.00% Spread) | $42,500 Saved (17.00% Spread) |
| Form 1099-DA & Form 8949 Reporting Requirement | Form 8949 Box A/D (Covered) or Box B/E (Noncovered) -> Schedule D | Form 8949 + Schedule D + Form 8960 (3.8% NIIT on $50k over $250k MFJ) | Form 8949 + Schedule D + Form 8960 + Rev. Proc. 2024-28 Specific ID Ledger |
Form 1099-DA Deadlines
2026 Trades: Covered cost basis (Box 1g) mandatory starting Jan 1, 2026 (furnished Feb 16, 2027).
Universal Pooling Banned
Pig-Butchering Loss Relief
2026 IRS Compliance Chain, Form 1099-DA Workflow & Disallowance Rules: Spot Crypto vs Spot ETF Tax
IRS Statutory Rule: Spot Crypto vs Spot ETF Tax is governed in the 2026 tax year by IRC §§ 1001, 1221, and 1222, IRS Notice 2014-21, Rev. Proc. 2024-28, and Rev. Proc. 2025-32, taxing short-term dispositions (≤ 365 days) at ordinary rates up to 37% and long-term gains (> 365 days) at 0%, 15%, or 20% plus the 3.8% Net Investment Income Tax (NIIT).
- Segregate Per-Wallet Cost Basis Pools (Rev. Proc. 2024-28): The taxpayer maintains separate FIFO or Specific-ID cost basis ledgers for each custodial broker and each self-custodied wallet address.
- Ingest Broker Form 1099-DA Statements: By February 15, custodial exchanges issue Form 1099-DA reporting gross proceeds (Box 1f) and covered cost basis for each digital asset sale or swap.
- Classify Ordinary Income vs. Capital Gains: Staking rewards, mining payouts, and airdrops are recorded on Schedule 1 / Schedule C at fair market value in USD at the exact timestamp of dominion and control.
- Populate IRS Form 8949 (Parts I & II): Dispositions are separated into Part I (Short-Term ≤ 365 days) and Part II (Long-Term > 365 days) using Checkboxes G, H, I (short-term) or J, K, L (long-term).
- Apply State Income Tax Conformity: Net capital gains flow from federal Schedule D to the taxpayer's state return (0% in AK, FL, NV, NH, SD, TN, TX, WA, WY vs. up to 13.3% in California).
- Answer the Form 1040 Digital Asset Question: The filer checks “Yes” or “No” on page 1 of Form 1040 and retains cryptographic transaction logs for the 3-to-6-year IRS statute of limitations (IRC § 6501).
Statutory Myth Debunked (Restriction): A tax-free crypto-to-crypto or BTC-to-USDT stablecoin swap under IRC § 1031 like-kind exchange rules does not exist: Congress restricted IRC § 1031 exclusively to real property under the Tax Cuts and Jobs Act, making every coin-to-coin trade, DeFi liquidity swap, and stablecoin conversion an immediately taxable disposition under IRC § 1001.
To model exact liabilities for Spot Crypto vs Spot ETF Tax, run the 2026 federal and 50-state crypto capital gains tax calculator incorporating IRS Rev. Proc. 2025-32 brackets (0%, 15%, 20%) plus 3.8% NIIT (short-term vs long-term 365-day holding threshold), verify reporting codes in our interactive IRS Form 1099-DA box-by-box reconciliation guide under Treasury Decision 10000 (89 FR 56480) gross proceeds reporting (Form 8949 Part I and Part II adjustment codes), and review wallet-by-wallet cost basis allocation under Rev. Proc. 2024-28 (mandatory per-account FIFO/Specific ID tracking from January 1, 2026).
2026 IRS Form 1099-DA & 8949 Filing Readiness Tracker
0 / 4 Complete2026 IRS Rev. Proc. & State Tax Rate Dispatch
Title 26 AlertsReceive instant CPA alerts when the IRS issues new Form 1099-DA guidance, Internal Revenue Bulletins, or 50-state capital gains rate amendments—or download this page's statutory workpaper `.txt` file.
Statutory Frequently Asked Questions & IRS Citations
IRS Statutory Rule: Spot Crypto vs Spot ETF Tax is governed in 2026 by IRS Rev. Proc. 2025-32 (0%/15%/20% long-term brackets plus 3.8% NIIT) and mandatory Form 1099-DA gross proceeds reporting.
Does the 30-day Wash Sale Rule apply to spot Bitcoin or Ethereum in 2026?
No. Under IRC § 1091, the statutory 30-day wash sale rule applies only to shares of stock or securities. Spot BTC, ETH, and SOL are taxed as property under IRS Notice 2014-21. However, taxpayers must still respect the Economic Substance Doctrine under IRC § 7701(o) by exposing the transaction to genuine market risk or swapping into a different asset.
What happens if I sell IBIT at a loss and buy IBIT back within 30 days?
Because iShares Bitcoin Trust (IBIT) and Fidelity Wise Origin Bitcoin Fund (FBTC) are SEC-registered Grantor Trust securities reported on Form 1099-B, repurchasing shares within 30 days before or after the sale triggers a mandatory wash sale disallowance (Form 8949 Code W), adding the disallowed loss to the cost basis of the replacement shares.
What are the exact 2026 Federal Long-Term Capital Gains and 3.8% NIIT thresholds for cryptocurrency?
Under IRS Revenue Procedure 2025-32, the 2026 0% Long-Term Capital Gains rate applies up to $49,450 of taxable income for Single filers ($98,900 Married Filing Jointly; $66,200 Head of Household). The 15% rate applies up to $545,500 Single ($613,700 MFJ), and the 20% top rate applies above those levels. Additionally, the 3.8% Net Investment Income Tax (IRC § 1411, Form 8960) applies when MAGI exceeds $200,000 Single or $250,000 MFJ.
How does Rev. Proc. 2024-28 change cryptocurrency cost basis tracking for 2026 tax returns?
IRS Revenue Procedure 2024-28 requires taxpayers to track digital asset cost basis on a wallet-by-wallet or account-by-account basis rather than using a single universal pool across all exchanges. Each disposition reported on Form 8949 must pull cost basis from lots actually held inside the specific wallet or custodial broker executing the trade.
When must a taxpayer check 'Yes' to the Form 1040 Digital Asset Question for the 2026 tax year?
You must check 'Yes' on Form 1040 page 1 if you received digital assets as a reward, award, or payment (staking, mining, airdrops, wages) or sold, exchanged, or otherwise disposed of a digital asset in 2026. You may check 'No' if your only crypto activity was holding existing assets, transferring crypto between your own wallets, or purchasing crypto strictly with US dollars.
How are crypto capital losses deducted and carried forward under IRC §§ 1211(b) and 1212(b)?
Realized short-term and long-term capital losses reported on Form 8949 and Schedule D first offset 100% of your realized capital gains across all asset classes (crypto, stocks, ETFs, real estate). If a net capital loss remains on Schedule D Line 16, you may deduct up to $3,000 ($1,500 if Married Filing Separately) against ordinary income on Schedule D Line 21 and carry any unused balance forward indefinitely.