Crypto Tax Loss Harvesting 2026 Wash Sale Rule Calculator
Estimate harvestable crypto losses, tax saved at your marginal rate, the $3,000 ordinary income offset, and the wash sale rule gap. Crypto is NOT yet subject to IRC §1091 wash sale rules — but OBBB §80604 may change this. Last updated May 2026.
| Total short-term losses | — |
| Total long-term losses | — |
| Offset against other gains | — |
| $3,000 ordinary income offset | — |
| Carryforward to next year | — |
| Estimated federal tax saved | — |
Crypto tax loss harvesting is the practice of selling digital assets at a loss to offset capital gains and up to $3,000 of ordinary income per year. As of May 2026, the IRS treats crypto as property (IRS Notice 2014-21), which means IRC §1091 wash sale rules — the 30-day no-repurchase window that applies to stocks — do NOT yet apply to crypto. You can sell BTC at a loss and rebuy it the same minute.
Why The Wash Sale Gap Matters In 2026
IRC §1091 prohibits claiming a loss on a stock or security if you buy a "substantially identical" position within 30 days before or after the sale. Because the IRS classifies crypto as property (not a security), §1091 does not apply. This loophole has been worth billions to crypto investors. However, the One Big Beautiful Bill Act (OBBB) §80604 introduces a proposal to extend wash sale rules to digital assets starting tax year 2026 or 2027 — track the final text before relying on this gap. Always cite IRC §1091 + IRS Notice 2014-21 + OBBB §80604 in your tax memo.
How The $3,000 Ordinary Income Offset Works
Under IRC §1211(b), individual taxpayers may deduct net capital losses against ordinary income up to $3,000 per year ($1,500 if married filing separately). Losses are first netted within their class — short-term against short-term, long-term against long-term. The remaining net loss offsets other capital gains, then up to $3,000 of ordinary income. Any unused loss carries forward indefinitely under IRC §1212(b). For a 24% bracket taxpayer, the $3,000 offset is worth $720 per year in federal tax.
Best Practices For Crypto Harvest
(1) Document the sale — keep on-chain proof (txid), exchange confirmations, and timestamps. (2) Net short-term first — short-term losses offset short-term gains which are taxed at ordinary rates, so they're worth more. (3) Watch state law — California and a few states do not conform to federal wash sale exemption for crypto in all years. (4) Lot selection — under Rev Proc 2024-28, you must use wallet-by-wallet specific identification starting 2026 (no more universal pool). (5) Repurchase carefully — if OBBB §80604 passes mid-year, the 30-day window applies retroactively for some scenarios; confirm with a CPA.
Common Harvest Mistakes
(1) Harvesting without basis records — without cost basis, the IRS may treat your basis as $0. (2) Selling at a gain by mistake — check FIFO/HIFO output, not just current market price. (3) Ignoring state tax — California taxes capital gains as ordinary income. (4) Triggering AMT — large capital loss carryforwards can interact poorly with AMT in later years. (5) Missing the December deadline — settlement must occur by Dec 31 for the loss to count in that tax year.
Last updated May 2026. Sources cited in tool output: IRC §1091, IRS Notice 2014-21, OBBB §80604, IRS Rev Proc 2024-28.