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A comprehensive guide to crypto tax regulations in the USA, covering taxable crypto transactions, capital gains, income tax, and exemptions.
Tax authorities in the USA consider crypto a form of property, not a currency according to Notice 2014-21, and any transactions made using crypto assets entail tax liabilities.
Depending on the nature of your transactions, you’ll either pay income tax or capital gains tax in the USA. Crypto assets held for less than a year attract short-term capital gains tax with tax rates ranging between 10-37%, while those held for over a year attract long-term capital gains tax which is either 15% or 20% depending on the value of your gains.
The following transactions are considered taxable by the tax authorities:
If you’re involved in any of these transactions, you must report them to the IRS and file your taxes by April 15,2026.
This guide covers all types of crypto transactions that entail tax liabilities such as mining, staking, or trading crypto assets. It also answers some crucial questions like “How do I calculate my income or capital gains?”, “Are there any tax-free crypto transactions?”, and “How can Ipay fewer taxes on my crypto gains/income?” to help resolve all your crypto-tax-related queries.
Crypto transactions broadly fall into two categories in the USA, the first one attracts income tax while the other attracts capital gains tax. Transactions where crypto assets are received as a result of provisioning service or as interest usually attract income tax, while those where crypto assets are acquired and then sold on a later date for a profit attract capital gains tax.
There’s both short-term and long-term capital gains tax in the US, so if you’re selling your assets within less than a year of acquisition then the transaction would attract short-term capital gains tax, and if you’ve held it for over a year then it would attract long-term capital gains tax.
Note that if your gains are less than $48,350(for the 2025 tax year), you don’t have to pay any long-term capital gains tax.
Consider the following transactions:
As evident from the above ledger oftransactions, three disposals were made.
Out of the three disposals, two were short-termdisposals made within a year, and one was a long-term disposal.
1 BTC sold on 04/16/2025
Let’s assume Jack incurred a capital gainof $8,000 on this transaction, for the sake of simplicity
2 ETH sold on 06/04/2025
Let’s assume Jack incurred a capital gainof $2,000.
Collective Gain from both disposals = $8,000 + $2,000 = $10,000
So the above amount will be subjected toshort-term capital gains tax.
1 BTC sold on 01/16/2025
Let’s assume Jack made a capital gain of$14,000 on this transaction.
However since the disposal was made afterholding the asset for over a year, it comes under long-term capital gain.
And since the gain is less than $48,350,Jack owes no long-term capital tax to the IRS.
Listed below are the tax rates applicableon both short-term and long-term capital gains transactions.
These tax rates are for the 2025 tax year, to be filed in 2026
For the 2026 tax year, to be filed in 2027.
You can refer to the long-term Capital Gains Taxrates for the 2025 tax year (to be filled in 2026) listed below.
For tax year 2026, to be filed in 2027.
There are many ways you can earn cryptoincome and some of the most common ones include:
Moreover, any income derived from staking,lending, or liquidity farming on Defi protocols or engaging with Play2Earnplatforms is also categorised as income and hence subject to the regular incometax rules.
Following are the income tax rates in the USA for the 2025 tax year.
Note that any attempts you make tounderreport your assets and evade some taxes may end up with severe penaltiesas the IRS can track crypto transactions through the following avenues:
Back in 2014, the IRS issued Notice 2014-21which states that crypto assets are to be treated as ‘property’ from a taxperspective. The IRS defines cryptocurrency as:
“...a digital representation of value thatfunctions as a medium of exchange, a unit of account, and a store of valueother than a representation of the United States dollar or a foreign currency.”
Therefore, any transactions involving thepurchase and sale of such assets would be capital in nature and hence attractcapital gains tax. Moreover, these assets are taxable as income when receivedas compensation for a product or service, or as interest.
Calculating income from crypto transactions is fairly straightforward, the taxable value of crypto assets received as income is simply their fair market value on receipt.
The real problem lies in calculating capital gains. Since most investors buy multiple assets of the same kind, they usually end up in a stir when it’s time to calculate the capital gains upon disposal.
That’s exactly why one must rely on dedicated accounting methods as specified by the tax authorities for capital gains calculations.
The IRS permits the use of three accountingmethods namely FIFO, HIFO, and LIFO. Let’s discuss them in a bit more detail.
FIFO or First-In-First-Out is one of themost commonly used accounting methods. It states that the first asset you buyis the first one you sell.
LIFO or Last-In-First-Out states that thelast asset you buy is the first one you sell.
HIFO or Highest-In-First-Out simply considers the highest acquisition price of an asset to be the cost basis.
Here’s an example to better understandcapital gains calculations.
01/14/2025 - Mark buys 2 BTC for $20,000each in Binance Wallet
03/16/2025 - Mark buys 1 BTC for $21,000in Binance Wallet
04/05/2025 - Mark buys 10 ETH for $2,200each in Binance Wallet
04/28/2025 - Mark buys 2 ETH for $3,000each in Binance Wallet
05/06/2025 - Mark sells 2 BTC for$34,000 each from Binance Wallet
07/16/2025 - Mark sells 1 BTC for$35,000 from Binance Wallet
08/18/2025 -Mark sells 8 ETH for $3,400 each from Binance Wallet
As evident from the above ledger oftransactions, Mark made 3 disposals.
Let’s look at each transaction separatelyand calculate the gains/losses associated with them.
2 BTC sold for $34,000 each
Now since BTC tokens were acquired on twodifferent dates for different prices, we need to figure out which one was soldby Jack, and we need to use a specialised accounting method as suggested by theIRS.
We will be using FIFO for thesecalculations.
The FIFO accounting method assumes that thefirst asset you buy is the first one you sell.
So the BTC tokens sold were the onesacquired on 01/14/2025 for $20,000 each.
Cost Basis = $20,000
Disposal Amount = $34,000
Capital Gain/Loss = Disposal Amount - CostBasis = $34,000 - $20,000 = $14,000(For 1 BTC)
Gain from 2 BTC = 2*14,000 = $28,000
1 BTC sold for $34,000
This token was acquired on 03/16/2025 for$21,000
Cost Basis = $21,000
Disposal Amount = $34,000
Capital Gain/Loss = $34,000 - $21,000 =$13,000
8 ETH sold for $3,400 each
Now using the FIFO accounting method, thesetokens belong to the same group of tokens acquired on 04/05/2025 for $2,200each.
Cost Basis = $2,200
Disposal Amount = $3,400
Capital Gain/Loss = $3,400 - $2,200 =$1,200(from 1 ETH)
Gain from 8 ETH tokens = 8* 1,200 = $9,600
Collective Gain from all 3 disposals =$28,000 + $13,000 + $9,600 = $50,600
This is your taxable base and capital gainstax will be levied on it.
The IRS’s wallet-by-wallet reporting requirement, effective January 1, 2025, mandates that taxpayers must track and report cryptocurrency assets based on each wallet or account rather than aggregating all holdings. This means each digital wallet (whether hosted by a broker or an unhosted wallet like a private crypto wallet) must be treated as a separate “account” for tracking the cost basis, acquisition details, and disposition of assets.
The document issued by the IRS provides aframework for transitioning from a universal or multi-wallet tracking approachto wallet-by-wallet tracking in line with the new IRS regulations effectiveJanuary 1, 2025 (essentially, this will be applicable for returns filed in 2026for tax year 2025. However, the taxpayers need to allocate the cost basis bythe end of tax year 2025). As per the said documents, the transition shall bedone in the following manner:
In case of assets acquired after 1st January2025 monitor new acquisitions and basis adjustments.
https://www.irs.gov/pub/irs-drop/rp-24-28.pdf
While the tax regime in the US isconsidered to be a little rough by crypto investors and traders, there are sometax-free allowances offered by the IRS that can help you reduce your tax billsignificantly:
Although investors consider the IRS to beone of the thorough and austere tax authorities in terms of crypto taxregulations, it does offer some tax exemptions for investors to lower their taxbill.
Capital Gains Tax-Free Allowance: US citizens are allowed a capital gains tax-free allowance. In 2025, if your taxable income is $48,350 or less for single filers or $96,700 or less for married couples filing jointly, you could potentially be eligible to benefit from a 0% long-term capital gains rate.
Gifting Crypto: US citizens are also offered an annual gift tax exclusion which allows every citizen to give up to $19,000 worth of crypto assets to anyone and the transaction is considered tax-free.
Long-Term Capital Gains Tax Rate: By holding onto your crypto assets for over ayear, you can take advantage of a reduced long-term capital gains tax rateranging between 0 and 20%.
Investors were allowed to deduct losses they might’ve made due to theft or fraud before the Tax Cuts and Jobs Act was passed. This legislation states that investors can no longer use lost or stolen assets as deductible expenses. So any losses you might’ve made due to scams, chain hacks, phishing attacks, or losing the private keys to the wallet are now useless.
But here’s the caveat, any losses incurred in or before 2017 are tax deductible if you have relevant documents to prove ownership and theft of these assets.
If you own tokens that have been delisted from exchanges due to regulatory changes and guidelines, you can dispose of these assets to generate fictitious losses and deduct these losses to lower your tax bill.
You can do that by selling these tokens at a centralised or decentralised exchange, swapping them for some other token, or simply burning them.
The Celsius Network bankruptcy marked a significant fallout in the cryptocurrency industry, exposing vulnerabilities in centralized exchanges. Declared in mid-2022 amid liquidity challenges, it left thousands of investors unable to access their funds. The collapse revealed operational mismanagement and risky lending practices. Bankruptcy proceedings aim to redistribute approximately $2 billion in assets, though many users face substantial losses. The legal and tax implications of the distributions received during the bankruptcy vary depending on the country.
Below is a detailed analysis of how theUnited States (US) handle these issues.
In the US, the tax implications ofCelsius-related events vary based on whether the cryptocurrency was liquidated during the bankruptcy process.
Example
Voyager refunded 30% of crypto holdings as USD
Tax applies to liquidated funds, not to reduced same-asset distributions.
Now that we have a good grip on how cryptotaxes work and how to calculate them. Let’s look at how specific cryptotransactions are taxed.
Crypto assets received as a result ofmining are taxed as income based on their fair market value at the time ofreceipt. Furthermore, if you decide to sell these assets for a higher price ata later date, then you’ll be liable to pay capital gains tax on the gains.
The IRS has specified in the past that anyassets received as a result of staking crypto assets would attract income tax.However, some investors argue against it while suggesting that staking rewards,like newly created tokens, should be taxed upon disposal and not on receipt.
To clarify this situation, the IRS issuedNotice 2025-14 which clearly states that staking rewards are taxable as income,dismissing any doubts regarding the same. However, there are no clearguidelines around the taxation and deductibility of additional expenses like“gas fees” and the calculation of staking rewards for income tax purposes.Therefore, one must seek advice from experienced tax consultants to gain moreclarity on the subject.
Soft forks do not constitute a taxableevent since no new tokens are created, Soft forks, on the other hand, attracttax liabilities. Any new tokens received due to a chain split are taxed asregular income and these tokens inherit the tax base equal to the fair marketvalue of these tokens on receipt.
Staking rewards also attract capital gainstax on disposal.
Gifting crypto is a taxable event in theUS. However, there’s a personal gift exemption limit of $19,000 for the 2025tax season. If the total value of the gifted assets is more than $19,000, theninvestors are required to pay a 40% tax.
But here’s the catch, gifts over $19,000 areonly taxable when you surpass the lifetime gift exemption limit of $13.99million. Note that receiving crypto gifts isn’t taxable and the gifted assetssimply inherit the cost base equal to the fair market value of the assets atthe time they were gifted. So that you attract capital gains tax when youdecide to dispose of these assets for a profit.
Any donation made to a registered charityin the US is tax-deductible given that the organisation you’re donating to hasa 501(c)3 status with the IRS. Here’s a list of all charitable organisationshaving 501(c)3 status with the IRS.
The IRS has yet to declare clear guidelineson the nature of DeFi transactions and how they are viewed from the taxperspective. Since DeFi is a new landscape and is still evolving, making spacefor new avenues of earnings for people across the globe, there’s no way toaccommodate all DeFi transactions and the returns offered by them into a set oftax guidelines.
However, it’s important to note that youmight attract tax liabilities if you appear to be making an income or capitalgain from DeFi transactions. Given below are some DeFi transactions that canattract tax liabilities from the IRS
ICOs are special events that allowinvestors to acquire tokens from unreleased projects in exchange for mainstreamtokens like BTC and ETH. ICOs are similar to IPOs in traditional markets andare viewed as crypto-to-crypto trades for tax purposes across jurisdictions.
The IRS has yet to release guidelines onthe taxation of ICOs. We suggest seeking guidance from an experienced taxprofessional on the matter to avoid complications with the IRS. Relevantdetails regarding ICO taxation will be added here as soon as the guidelines hitour radar.
Borrowing crypto assets doesn’t constitutea taxable event. But if you lend your crypto assets to an individual, exchange,or a Defi protocol in exchange for interest, then the event will attract incometax.
According to the section titled “DigitalAssets” on the 16th page of the new tax guidelines report:
“Digital assets are any digitalrepresentations of value that are recorded on a cryptographically secureddistributed ledger or any similar technology. For example, digital assetsinclude non-fungible tokens (NFTs) and virtual currencies, such as cryptocurrenciesand stablecoins.”
This makes it pretty evident that theInternal Revenue Service (IRS) considers NFTs to be a form of property, similarto cryptocurrencies. In other words, disposing of digital assets, such asthrough a sale or exchange, may result in tax obligations, just like with anyother type of property. This is because such transactions may result in capitalgains or losses that must be reported to the IRS.
The recent mandate has provided a clearerunderstanding of NFTs and established a more defined framework for theirtaxation. The tax rate for NFTs is not fixed and may vary based on factors likemode of purchase, duration held, and amount of gains or losses incurred upondisposal.
To determine the amount of taxes owed tothe IRS, you will need to itemise all of your NFT transactions on form 8949 andthen use the standard deduction chart at the end of the form to calculate thetax due.
You can refer to the complete NFT tax guidehere.
The IRS is yet to release specific guidance onhow income from DAOs is taxed. However, DAOs aren’t registered organisationsand can’t file taxes independently, they’re closer to flow-throughorganisations. Therefore, it's safe to assume that any income from DAOs will besubjected to income tax, and any gains incurred on the disposal of tokensreceived from DAOs will be taxed as a capital gain.
For individual investors, the tax treatmentof margin trades, crypto futures, and CFDs is similar to other cryptotransactions that incur capital gains tax. Any profits derived from thesefinancial instruments are classified as capital gains and are subject tocapital gains tax. Just like the disposal of assets, tax liabilities arise onlyupon the closure of a margin trade, future, or CFD position.
Regarding crypto futures, trading regulatedproducts can lead to more advantageous tax outcomes, particularly due to theIRS 60/40 rule. Essentially, this rule stipulates that if investors engage inregulated futures trading, 60% of any capital gains will be taxed as long-termgains, while the remaining 40% will be taxed as short-term gains, regardless ofthe duration of the position. However, it's important to note that most cryptofutures are currently unregulated and therefore exempt from this rule.
To make things clear, there’s no legal wayto avoid paying taxes on crypto entirely in the US and any attempt at doing sowill be met with regulatory and legal repercussions from the feds. However,there are ways you can avoid paying taxes on a portion of your gains and hereare some of them:
As mentioned above, buying crypto assetsand holding them is not a taxable event in the US. An individual attracts taxliabilities only when he/she disposes of his/her assets and makes a capitalgain as a result.
The IRS offers several exemptions that cansignificantly lower your tax bill, therefore it’s advisable to utilise your taxdeductions like tax-free capital gain allowance, and the gifting allowance toreduce your taxable base.
You can close some of your dud positions oreven potentially good ones at a loss and use them as an anchor to bring downyour net capital gains and hence save thousands of dollars in capital gainstaxes. The wash-sale rule for tax-loss harvesting is only applicable forsecurities at the moment and therefore, you can sell your assets to create afictitious loss and then buy the same assets right after.
Gifting and donating crypto are consideredtax deductibles by the IRS and can be used to bring down your tax bill,however, make sure the total amount of crypto gifted should not exceed $19,000 and the donations made are towards a registered charity and aren’t directly orindirectly linked to you in any way.
Invest in tax-advantaged investment funds tocompound your returns and plan for the future. Alternatively, contribute to an OpportunityZone Fund (OZF)[LK1] to support public good initiatives whilepotentially benefiting financially.
Typically, in the US, you must report yourcryptocurrency taxes by April 15th, which coincides with the deadline forfiling individual income tax returns. However, if April 15th falls on a weekendor holiday, you may be granted an extension to the next business day.
You can file your crypto taxes online oroffline. If you decide to go the traditional way and use paper forms to fileyour taxes with the IRS, follow these steps to make sure everything goessmoothly:
The IRS requires taxpayers to maintainadequate records to support the positions taken on their tax returns. To meetthis requirement, it is essential to keep records of all crypto transactions,including:
IRS regulations introduce severalcompliance requirements for taxpayers, brokers, and certain intermediarieshandling digital assets. With effect from January 1, 2025, here are the maincompliance obligations outlined:
These regulations are aimed at increasingtransparency and simplifying the process for taxpayers to report income fromdigital assets while helping the IRS improve tax compliance for cryptotransactions.
Now that you’re aware of how your cryptotransactions are taxed and what forms you need to fill out to complete your taxreport, here’s a step-wise breakdown of how Kryptos can make this task easierfor you:
If you still need clarification regardingthe integrations or generating your tax reports, you refer to our video guidehere.
1. Do you pay tax on crypto in the US?
Yes, in the United States, cryptocurrencyis treated as property for tax purposes, which means that any gains or lossesfrom buying, selling, or trading cryptocurrency are subject to capital gainstax. The tax rate depends on various factors, such as how long thecryptocurrency was held and the individual's income tax bracket. Additionally,cryptocurrency transactions may trigger other tax requirements, such asreporting requirements for foreign accounts. It's always best to consult with atax professional or accountant to understand your specific tax obligationsrelated to cryptocurrency.
2. Is cryptocurrency legal in the US?
Yes, cryptocurrency is legal in the UnitedStates. Although the government has been engaged in efforts to establishcryptocurrency regulations, there are no federal statutes forbiddingindividuals from engaging in the purchase, sale, or retention of cryptocurrencies.However, it's important to note that the use of cryptocurrency for illegalactivities, such as money laundering or financing terrorism, is illegal and canlead to criminal charges.
3. Do you pay tax when transferringcrypto in the US?
Transferring cryptocurrency from one walletto another wallet or from one exchange to another exchange is generally not ataxable event in the United States. This means that you will not owe taxes onthe transfer itself. However, you may be subject to taxes on the cryptocurrencyif you sell or exchange it for another cryptocurrency or fiat currency.
4. What happens when you don’t reportcrypto in your tax report?
Failure to report cryptocurrency on yourtax return can result in penalties and interest charges from the InternalRevenue Service (IRS). The penalties for not reporting cryptocurrency can varydepending on the specific circumstances of the situation but they can include:
If you fail to file your tax return ontime, the IRS may impose a penalty of 5% of the unpaid tax amount per month, upto a maximum of 25% of the unpaid tax.
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