Post
Topic
Board Legal
Topic OP
Does the wash sale rule apply to btc?
by
birr
on 11/04/2015, 23:10:48 UTC
According to the IRS,
"A wash sale occurs when you sell or trade stock or securities at a loss and within 30 days before or after the sale you...
Buy substantially identical stock or securities..."

I did a lot of trading last year.  I had a net loss.  And as I was going back through the records of my trades, I realized that if the wash sale rule applies to my trading, most of my trades with losses will be disallowed.  The gains will remain, and be taxed.  I would go from having a pretty substantial net loss to having huge gains on the Schedule D.  So not only will I have lost money in real terms in 2014, but I will owe a lot of tax on non-existent gains.

The IRS defines bitcoin as property, not as a "stock or security."
By closely applying the letter of the IRS publications, I would say that the wash rule doesn't apply to bitcoin trading.

Opinions?  Maybe someone even has direct experience of dealing with this.