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Clanity Blog News & Events

Managing Crypto Losses on Tax Returns: A Comprehensive Guide in the US, UK, and Canada

04.12.23 12:20 AM By Clanity Team

Cryptocurrency has become increasingly popular in recent years, with governments worldwide working to establish clear rules for taxing digital assets. As a crypto holder, it is crucial to understand how crypto losses are taxed and their potential impact on your tax liability. In this comprehensive guide, we will explore the rules, deductions, and implications of managing crypto losses on tax returns in the United States, the United Kingdom, and Canada.

Taxation of Crypto Losses in the United States

U.S. Approach to Crypto Taxation

In the United States, the Internal Revenue Service (IRS) classifies cryptocurrencies as property and subject to capital gains tax. This means that all sales of crypto must be reported, and gains and losses from crypto transactions are categorized by their duration. It is important to note that cryptocurrencies held in a portfolio are typically not subject to IRS taxation, unless generating staking-related interest or other exceptional cases.

How Are Crypto Losses Taxed and Offset in the U.S.?

Crypto losses in the U.S. are typically categorized as capital losses. These losses occur when the value of cryptocurrency holdings decreases from acquisition to the point of sale, exchange, or use. Reporting crypto losses can reduce taxes in two ways: through income tax deductions and by offsetting capital gains.

When losses surpass gains, the resulting net losses can be utilized for income tax deductions, reducing up to $3,000 from income. Any remaining excess losses can be carried forward to offset future capital gains and $3,000 of other income in subsequent years.

Wash-Sale Rule and Treatment of Crypto Losses in the U.S.

In the U.S., investors can engage in tax-loss harvesting with cryptocurrency. This involves selling crypto at a loss to reduce taxes due to the IRS's property classification. Unlike the wash-sale rule that applies to traditional investments, the IRS treats cryptocurrencies as property, allowing more flexibility for investors to utilize losses to offset gains.

However, it is important to note that regulatory changes might extend the wash-sale rule to crypto in the future. Therefore, it is advisable to employ safer strategies to minimize capital gains and remain compliant with tax regulations.


Taxation of Crypto Losses in the United Kingdom

U.K.'s Approach to Crypto Taxation

In the United Kingdom, claiming cryptocurrency losses on a tax return is essential to reduce overall tax liability. The HM Revenue and Customs (HMRC) considers cryptocurrencies as taxable assets, subjecting trading or selling crypto to a tax liability. Cryptocurrency is treated similarly to other financial assets by the HMRC, and it is subject to record-keeping requirements and Capital Gains Tax (CGT).

How Are Crypto Losses Taxed and Offset in the U.K.?

When reporting crypto losses in the U.K., individuals must complete the CGT section of the Self Assessment tax return. This section allows for the offset of capital losses against any capital gains incurred during the same tax year. However, it is important to note that investors are not permitted to directly offset capital losses from cryptocurrency against their income tax liability.

If total losses surpass gains, the remaining losses can be carried forward to offset future gains. This mechanism provides a valuable tool for managing tax liability, especially in the volatile cryptocurrency market.

Optimizing Crypto Tax Reporting in the U.K. Through Token Pooling

To optimize crypto tax reporting in the U.K., HMRC requires taxpayers to pool their tokens for calculating cost bases in cryptocurrency transaction gain/loss reporting. Tokens must be categorized into pools, each with an associated pooled cost. When selling tokens from a pool, a portion of the pooled cost (along with allowable expenses) can be deducted to reduce the gain.

It is important to recalculate the pooled cost with each token purchase or sale. Adding the purchase amount to the relevant pool when tokens are acquired and deducting a proportionate sum from the pooled cost when they're sold.


Taxation of Crypto Losses in Canada

Canadian Approach to Crypto Taxation

In Canada, the Canada Revenue Agency (CRA) considers cryptocurrency as property and subject to taxation as a commodity. Disposing of crypto, such as selling, trading, or using it for purchases, triggers capital gains tax. Taxes are not imposed on purchasing or holding cryptocurrency as it is not regarded as legal tender. However, using it for payments is seen as a barter transaction with corresponding tax consequences.

How Are Crypto Losses Taxed and Offset in Canada?

Canadian crypto taxpayers need to report capital losses to the CRA to potentially reduce their tax liability. The CRA mandates the filing of an income tax and benefit return for any capital property sale, irrespective of a gain or loss outcome.

Crypto losses can be offset against various capital gains, carried forward, or used to offset gains from the previous three years. It is important to note that cryptocurrency losses cannot be used to offset regular income within the year. Additionally, 50% of cryptocurrency losses can be applied to offset capital gains in subsequent years or carried back to previous years, aligning with the tax treatment of cryptocurrency capital gains.

Superficial Loss Rule and Treatment of Crypto Losses in Canada

Similar to the U.S. wash-sale rule, Canada has a superficial loss rule to prevent investors from exploiting artificial losses. This rule prevents the immediate repurchasing of the same property within specific timeframes to ensure a fair tax system. If an investor repurchases an identical cryptocurrency within 30 days before or after selling it and holds or has the right to acquire the same cryptocurrency by the end of this period, the losses cannot offset capital gains.

Managing crypto losses on tax returns is crucial for crypto holders in the United States, the United Kingdom, and Canada. Understanding the rules and implications of crypto taxation can help reduce tax liabilities and ensure compliance with local regulations. By accurately reporting crypto losses and utilizing available deductions and offsets, individuals can leverage tax relief and effectively manage their cryptocurrency tax obligations.

Remember to consult with a tax professional or accountant for personalized advice based on your specific situation. Stay informed, stay compliant, and make the most of the ever-changing crypto tax landscape.


Disclaimer: This article is for informational purposes only and should not be taken as legal or financial advice. It is recommended to consult with a tax professional or accountant for specific guidance on your individual situation.


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