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United States — tax on crypto and investments

Internal Revenue Service (IRS). Tax year 1 January – 31 December. Last verified 28-10-2026.

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CountryCurrencyTax yearAuthorityLast verifiedStatus
USUSD1 January – 31 DecemberInternal Revenue Service (IRS)28-10-2026approved by the owner (accountant), 28-10-2026

Related article: hq-fs.com/blog/crypto-tax-united-states

Not tax advice. Rules summarised from official sources, linked where each rule is stated, as verified on the date above. Confirm with a qualified adviser before filing.

Scope: federal income tax only. State and local taxes are out of scope.

At a glance#

ItemRule
Tax yearCalendar year for individuals (1 January – 31 December)
Filing deadline (individuals)15 April (TY 2025 return: 15 April 2026). Next business day if a weekend or holiday. Form 4868 gives an automatic 6-month extension to file, not to pay
Crypto legal / tax classificationProperty, not currency
Capital gains on cryptoShort-term (held one year or less): ordinary rates 10–37%. Long-term (held more than one year): 0 / 15 / 20%
Capital gains on shares / fundsSame short- / long-term split and rates. Wash-sale rule applies to stock and securities
Holding-period reliefLong-term rates if held more than one year. Holding period starts the day after acquisition (IRS virtual-currency FAQ 29)
Annual exemption / allowanceNone for capital gains. The 0% long-term band works as a de facto allowance up to a taxable-income threshold
Losses (offset, carry-forward)Capital losses offset capital gains. Net loss deductible against other income up to $3,000 ($1,500 married filing separately). Excess carried forward indefinitely
Cost-basis method requiredSpecific identification if adequately identified; otherwise FIFO (FAQ 39–41). From 1 January 2025 applied wallet-by-wallet / account-by-account (Notice 2025-7)
Staking / mining / airdropsOrdinary income at fair market value: staking when the taxpayer gains dominion and control; mining on receipt; hard-fork airdrop on receipt
Crypto-to-crypto swapsTaxable disposal; capital gain or loss (FAQ 16)
Spending cryptoTaxable disposal; capital gain or loss (FAQ 14–16)
VAT / GST on cryptoNo federal VAT. State sales tax out of scope
Withholding or transaction taxNo federal transaction tax. 3.8% Net Investment Income Tax (NIIT) on investment income above fixed MAGI thresholds
Reporting obligations (forms, foreign accounts)Form 1040 digital-asset question; Form 8949 + Schedule D; Schedule 1 / Schedule C for income; Form 8960 for NIIT; brokers issue Form 1099-DA. Crypto-only foreign accounts not currently FBAR-reportable

Capital gains#

What counts as a disposal#

EventTaxable?
Sell crypto for USDYes — capital gain / loss (IRS FAQ)
Swap crypto for cryptoYes (FAQ 16)
Pay for goods or servicesYes (FAQ 14–16)
Transfer between own wallets / accountsNo (FAQ 38)
Bona fide gift given / receivedNo income to recipient until they dispose (FAQ 31)
Donation to a §170(c) charityNo income, gain or loss (FAQ 34)

Gain = amount realised (USD fair market value received) minus adjusted basis.

Long-term capital gains rates — thresholds on taxable income#

Filing status2025: 0% up to2025: 15% up to2026: 0% up to2026: 15% up toAbove that
Single$48,350$533,400$49,450$545,50020%
Married filing jointly / surviving spouse$96,700$600,050$98,900$613,70020%
Married filing separately$48,350$300,000$49,450$306,85020%
Head of household$64,750$566,700$66,200$579,60020%

Collectibles: maximum 28% long-term rate. An NFT is a collectible if its underlying asset or right is a collectible (look-through test, interim guidance).

Short-term gains — ordinary income brackets (taxable income over)#

Rate2025 single2025 MFJ2026 single2026 MFJ
10%$0$0$0$0
12%$11,925$23,850$12,400$24,800
22%$48,475$96,950$50,400$100,800
24%$103,350$206,700$105,700$211,400
32%$197,300$394,600$201,775$403,550
35%$250,525$501,050$256,225$512,450
37%$626,350$751,600$640,600$768,700

The seven rates were made permanent by the One, Big, Beautiful Bill Act (Public Law 119-21, 4 July 2025).

Standard deduction#

Filing status2025 (as amended by OBBBA)2026
Single / MFS$15,750$16,100
Married filing jointly$31,500$32,200
Head of household$23,625$24,150

The original 2025 figures ($15,000 / $30,000 / $22,500) in Rev. Proc. 2024-40 were superseded by OBBBA.

Net Investment Income Tax (NIIT)#

ItemRule
Rate3.8% on the lesser of net investment income or MAGI above threshold
Threshold — MFJ / surviving spouse$250,000
Threshold — MFS$125,000
Threshold — single / head of household$200,000
Indexed for inflationNo — same in 2025 and 2026
IncludesCapital gains (net of capital losses), dividends, interest (NIIT Q&A)
FormForm 8960

Top federal rate on long-term crypto gains: 20% + 3.8% = 23.8%. On short-term: 37% + 3.8% = 40.8%.

Wash-sale rule#

AssetStatus 2025–2026
Stock, securities, options on themLoss disallowed if substantially identical property bought 30 days before or after the sale (61-day window)
Crypto held as propertyNot covered: §1091 text applies to "stock or securities" and does not mention digital assets; IRS treats crypto as property

Income#

EventTreatmentValueTiming
Staking rewards (direct or via exchange)Ordinary incomeUSD FMV at date and time of dominion and controlWhen the taxpayer can sell, exchange or dispose of the reward
MiningOrdinary income; self-employment tax if a trade or business (Notice 2014-21, Q-8, Q-9)USD FMV at receiptOn receipt
Hard fork, no new coins receivedNo income——
Airdrop after a hard forkOrdinary incomeUSD FMV when receivedWhen received (dominion and control) (FAQ 23–24)
Crypto received for services / wagesOrdinary income (Schedule C for contractors)USD FMV at receiptOn receipt

Income is taxed at the ordinary brackets above. The income amount becomes the basis of the units received.

Cost basis and record keeping#

RuleDetail
Specific identificationAllowed when the taxpayer identifies the units and substantiates basis (unique identifier, or records per account / wallet / address) (FAQ 39–40)
Default if no identificationFIFO — units deemed disposed in chronological order of acquisition (FAQ 41; Notice 2025-7)
Per-wallet / per-account from 1 January 2025Treas. Reg. §1.1012-1(h) and (j) apply to all acquisitions and dispositions on or after 1 January 2025. Universal (all-wallets) pooling ends
Transition safe harbor (Rev. Proc. 2024-28)Allocate unused basis to each wallet / account as of 1 January 2025 (= end of 31 December 2024). Specific-unit allocation must be made before the earlier of the first 2025 disposal of that asset or the return due date (with extensions) for 2025
Broker-held units — temporary reliefNotice 2025-7: taxpayer may identify units via own books and records instead of instructing the broker, for 2025. Notice 2026-20 extends this through 31 December 2026. Applies only to units in broker custody
Average costNot listed as a method in the IRS virtual-currency FAQs (FAQ 39–41)
Records to keepPurchases, sales, exchanges, other dispositions, and USD FMV of crypto received as income

Indirect taxes#

ItemRule
Federal VAT / GSTNone
State sales taxOut of scope
Federal transaction / withholding tax on crypto tradesNone found

Reporting and deadlines#

Recent and upcoming changes#

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