Crypto losses tax: Crypto Loss Relief Rules
The Crypto Loss Relief Rules carries 6 published figures read from 2 sources' own pages, from 3.80 to 75 percent, read 17 October 2026.
5 of the 14 named sources read in full publish a figure; 9 publish none, read 17 October 2026.
By rule
| Breakdown | Median | Range | Sources |
|---|---|---|---|
| ruleUnited States: wash sale rule, repurchase window | 30day | 30 to 30day | 1 |
| ruleUnited States: capital loss set against ordinary income, annual limit | 3,000USD | 3,000 to 3,000USD | 1 |
| ruleCanada: capital loss inclusion rate, 2025 | 50% | 50 to 50% | 1 |
| ruleCanada: capital loss inclusion rate, before 23 May 1985 | 50% | 50 to 50% | 1 |
| ruleCanada: capital loss inclusion rate, 23 May 1985 to 1987 | 50% | 50 to 50% | 1 |
| ruleCanada: capital loss inclusion rate, 1988 and 1989 | 66.67% | 66.67 to 66.67% | 1 |
| ruleCanada: capital loss inclusion rate, 1990 to 1999 | 75% | 75 to 75% | 1 |
| ruleUnited Kingdom: 30-day repurchase rule for tokens | 30day | 30 to 30day | 1 |
| ruleUnited States: net investment income tax rate | 3.8% | 3.8 to 3.8% | 1 |
Every figure, with its source
One row per published figure: the figure as the source's own page publishes it, the page, and the day it was read. A figure that is not on a page we read is not on this one.
| Source | Figure | Breakdown | Read |
|---|---|---|---|
| 26 U.S. Code section 1211: limitation on capital losses | 3,000USD | United States: capital loss set against ordinary income, annual limit | 2026-10-17 |
| CRA: capital losses and deductions | 75% | Canada: capital loss inclusion rate, 1990 to 1999 | 2026-10-17 |
| CRA: capital losses and deductions | 66.67% | Canada: capital loss inclusion rate, 1988 and 1989 | 2026-10-17 |
| CRA: capital losses and deductions | 50% | Canada: capital loss inclusion rate, 2025 | 2026-10-17 |
| CRA: capital losses and deductions | 50% | Canada: capital loss inclusion rate, before 23 May 1985 | 2026-10-17 |
| CRA: capital losses and deductions | 50% | Canada: capital loss inclusion rate, 23 May 1985 to 1987 | 2026-10-17 |
| 26 U.S. Code section 1091: loss from wash sales of stock or securities | 30day | United States: wash sale rule, repurchase window | 2026-10-17 |
| HMRC CRYPTO22200: losses | 30day | United Kingdom: 30-day repurchase rule for tokens | 2026-10-17 |
| IRS Publication 550: investment income and expenses | 3.8% | United States: net investment income tax rate | 2026-10-17 |
The sentence each figure was read from (9)
- 26 U.S. Code section 1211: limitation on capital losses, read 2026-10-17:
(1)$3,000 ($1,500 in the case of a married individual filing a separate return), or
- CRA: capital losses and deductions, read 2026-10-17:
From 1990 to 1999 3/4 (75%)
- CRA: capital losses and deductions, read 2026-10-17:
In 1988 and 1989 2/3 (66.6667%)
- CRA: capital losses and deductions, read 2026-10-17:
The inclusion rate for 2025 is 50%.
- CRA: capital losses and deductions, read 2026-10-17:
Period net capital loss incurred Inclusion rate (IR) Before May 23, 1985 1/2 (50%)
- CRA: capital losses and deductions, read 2026-10-17:
After May 22, 1985, and before 1988 1/2 (50%)
- 26 U.S. Code section 1091: loss from wash sales of stock or securities, read 2026-10-17:
Rules similar to the rules of subsection (a) shall apply to any loss realized on the closing of a short sale of (or the sale, exchange, or termination of a securities futures contract to sell) stock or securities if, within a period beginning 30 days before the date of such closing and ending 30 days after such date—
- HMRC CRYPTO22200: losses, read 2026-10-17:
if the quantity of tokens so acquired exceeds the number of tokens disposed of in the preceding 30 days then the excess tokens will go into the section 104 pool.
- IRS Publication 550: investment income and expenses, read 2026-10-17:
The NIIT is a 3.8% tax on the lesser of your net investment income or the amount of your modified adjusted gross income (MAGI) that is over a threshold amount based on your filing status.
Read in full, publishes no figure
9 named sources were read in full on the dates shown and print no usable figure. They are counted, never filled in.
- HMRC CRYPTO22250: negligible value claims, read 2026-09-12: read in full and no accepted figure on the page
- GOV.UK: capital gains tax losses, read 2026-09-12: read in full and no accepted figure on the page
- HMRC CG51560: the 30-day identification rule, read 2026-10-17: every candidate on the page was refused
- HMRC CG13120: bed and breakfasting, read 2026-10-17: read in full and no accepted figure on the page
- HMRC HS284: shares and capital gains tax, read 2026-10-10: read in full and no accepted figure on the page
- IRS Topic 409: capital gains and losses, read 2026-09-25: every candidate on the page was refused
- IRS Topic 453: bad debt deduction, read 2026-09-26: read in full and no accepted figure on the page
- 26 U.S. Code section 165: losses, read 2026-10-03: every candidate on the page was refused
- ATO: acquiring and disposing of crypto assets, read 2026-10-10: read in full and no accepted figure on the page
Methodology
Every row is a verbatim sentence read from the named source's own page through our fetch service on the date shown, hash-pinned to the stored read (the sha of the page's visible text; the raw page is mirrored to R2).
5 of the 14 named sources that could be read published a usable figure; 9 published none and are recorded as not published, never filled in; 0 could not be read (blocked, dead or unreachable) and count nowhere.
The headline figures (median, minimum, maximum, quartiles) are over ONE figure per source for each breakdown it prices, in % (a source's median where its page yielded several accepted sentences for one breakdown), so a page that gives figures for several breakdowns gives one for each and N counts 6 figures, never sentences; 43 candidate sentence(s) were refused by a reviewer with the reason recorded.
The fuller derivation this dataset is chartered to grow into (not yet what the figures above are; they are each source's own published figure as read): One row per jurisdiction: whether a capital loss on crypto is allowable, against what it may be set, how long it carries, what a worthless or stolen holding is worth, and - the row the query is really about - whether a repurchase rule bites and over what window.
That last column is the derivation, because it is the one that flips: the US statute reaches stock and securities and therefore not property, so a US holder may sell and rebuy the same day; the UK's same-day and 30-day identification rules do the work of a wash-sale rule without being called one; Canada's superficial loss rule is a third shape again.
The published figure is the count of jurisdictions in each camp and the window in days, side by side - which no authority publishes because each speaks only for itself.
43 candidate sentences on these pages were refused by a reviewer; each refusal and its reason is recorded in the review ledger.
Sources (14)
- HMRC CRYPTO22200: losses(the publisher's own terms; quoted for reporting and comment)
- HMRC CRYPTO22250: negligible value claims(the publisher's own terms; quoted for reporting and comment)
- GOV.UK: capital gains tax losses(the publisher's own terms; quoted for reporting and comment)
- HMRC CG51560: the 30-day identification rule(the publisher's own terms; quoted for reporting and comment)
- HMRC CG13120: bed and breakfasting(the publisher's own terms; quoted for reporting and comment)
- HMRC HS284: shares and capital gains tax(the publisher's own terms; quoted for reporting and comment)
- IRS Topic 409: capital gains and losses(the publisher's own terms; quoted for reporting and comment)
- IRS Publication 550: investment income and expenses(the publisher's own terms; quoted for reporting and comment)
- IRS Topic 453: bad debt deduction(the publisher's own terms; quoted for reporting and comment)
- 26 U.S. Code section 1091: loss from wash sales of stock or securities(the publisher's own terms; quoted for reporting and comment)
- 26 U.S. Code section 1211: limitation on capital losses(the publisher's own terms; quoted for reporting and comment)
- 26 U.S. Code section 165: losses(the publisher's own terms; quoted for reporting and comment)
- ATO: acquiring and disposing of crypto assets(the publisher's own terms; quoted for reporting and comment)
- CRA: capital losses and deductions(the publisher's own terms; quoted for reporting and comment)
Cite or embed this figure
Cite or embed this figure
The Crypto Loss Relief Rules carries 6 published figures read from 2 sources' own pages, from 3.80 to 75 percent, read 17 October 2026.
5 of the 14 named sources read in full publish a figure; 9 publish none, read 17 October 2026.
Crypto Loss Relief Rules, rule United States: wash sale rule, repurchase window: median 30 day across 1 source, read 17 October 2026.
Crypto Loss Relief Rules, rule United States: capital loss set against ordinary income, annual limit: median 3,000 USD across 1 source, read 17 October 2026.
Crypto Loss Relief Rules, rule Canada: capital loss inclusion rate, 2025: median 50 percent across 1 source, read 17 October 2026.
Crypto Loss Relief Rules, rule Canada: capital loss inclusion rate, before 23 May 1985: median 50 percent across 1 source, read 17 October 2026.
Crypto Loss Relief Rules, rule Canada: capital loss inclusion rate, 23 May 1985 to 1987: median 50 percent across 1 source, read 17 October 2026.
Crypto Loss Relief Rules, rule Canada: capital loss inclusion rate, 1988 and 1989: median 66.67 percent across 1 source, read 17 October 2026.
Crypto Loss Relief Rules, rule Canada: capital loss inclusion rate, 1990 to 1999: median 75 percent across 1 source, read 17 October 2026.
Crypto Loss Relief Rules, rule United Kingdom: 30-day repurchase rule for tokens: median 30 day across 1 source, read 17 October 2026.
Crypto Loss Relief Rules, rule United States: net investment income tax rate: median 3.80 percent across 1 source, read 17 October 2026.
Cite as: "Taxooor Crypto Loss Relief Rules", updated 2026-10-18, https://taxooor.com/datasets/crypto-loss-relief-rules/.
Download the CSV (9 rows, computed 2026-10-18)