The IRS treats cryptocurrency as property, not currency. Every sale, exchange, or disposal of crypto is a taxable event that must be reported on Form 8949. This has been the law since IRS Notice 2014-21 and has not changed. What has changed significantly in 2026 is reporting: new broker reporting rules now require exchanges to issue 1099-DAs, making crypto transactions visible to the IRS in the same way stock sales have been for decades.
IRS Notice 2014-21 established that cryptocurrency is property for federal tax purposes. This means: every time you sell, exchange, spend, or otherwise dispose of cryptocurrency, you have a taxable event. You must calculate your gain or loss on each transaction. Crypto-to-crypto trades are taxable (trading Bitcoin for Ethereum is a sale of Bitcoin). Buying crypto with dollars and holding it is not a taxable event. Paying for goods or services with crypto is a taxable event at the fair market value on the date of payment.
| Holding Period | Rate | Single Filer Income | Notes |
|---|---|---|---|
| Short-term (<1 year) | Up to 37% | Taxed as ordinary income | Same brackets as wages. No preferential rate. Most active traders pay this rate on most trades. |
| Long-term (1+ year) | 0% / 15% / 20% | 0%: up to $49,450 · 15%: up to $545,500 · 20%: above $545,500 (single, 2026 approx.) | Hold for at least 366 days to qualify. Significantly lower rates - the primary planning tool available. |
| NIIT surcharge | +3.8% | AGI above $200,000 (single) / $250,000 (MFJ) | Net Investment Income Tax applies to crypto capital gains. IRC §1411. Effective top rate on long-term gains: 23.8%. |
| NFTs as collectibles | Up to 28% | If IRS Notice 2023-27 applies | Certain NFTs may be taxed as collectibles at the 28% maximum rate. See NFT section below. |
Your gain or loss equals proceeds minus adjusted basis. Basis is what you paid for the crypto (plus any income recognized on receipt, for mined/staked coins). When you sell part of a position, the cost basis method determines which coins are considered sold.
| Method | How It Works | Best When |
|---|---|---|
| FIFO (First In, First Out) | Oldest coins sold first. IRS default if no method elected. | You've held crypto a long time and want automatic long-term treatment on earliest purchases. |
| Specific Identification | You designate which specific coins are sold at the time of sale. Must document contemporaneously. | You want to maximize losses for tax-loss harvesting, or selectively sell high-basis lots. |
| HIFO (Highest In, First Out) | Highest-cost coins sold first, minimizing current gain. IRS has not explicitly approved this method for crypto - use specific identification instead to achieve the same result. | Minimizing taxable gain when you have various lots at different prices. |
The wash sale rule (IRC §1091) disallows a loss if you sell a security at a loss and repurchase the same or substantially identical security within 30 days before or after the sale. The wash sale rule currently applies only to "securities" - and cryptocurrency is not a security for this purpose. This means you can sell Bitcoin at a loss, immediately repurchase Bitcoin, and still claim the loss. This is one of the few remaining tax advantages of crypto's property classification. Proposed legislation has repeatedly attempted to extend wash sale rules to crypto - monitor for changes. IRC §1091.
Cryptocurrency received as mining rewards is ordinary income at FMV on the date the coins are received. If you mine as a business (with the profit motive and regularity of a trade or business), mining income is subject to self-employment tax (IRC §1401) in addition to income tax. Mining expenses (electricity, hardware, hosting fees) are deductible against mining income for business miners. The coins' FMV when received becomes your cost basis for future capital gain/loss calculations when you sell them.
Revenue Ruling 2023-14 resolved the treatment of staking rewards: they are ordinary income in the year received, valued at FMV on the date of receipt. The Jarrett v. United States case (M.D. Tenn. 2022) briefly suggested staking rewards might be treated as newly created property (not taxable until sold), but the IRS mooted that case by issuing a refund and then issued Rev. Rul. 2023-14 to establish its position. Staking rewards are taxable income when received, not when sold. The FMV on receipt becomes your basis.
NFTs are taxed as property under the same framework as other crypto. Buying and selling NFTs generates capital gains and losses reportable on Form 8949. The significant open question is whether certain NFTs qualify as "collectibles" under IRC §408(m), which would subject long-term gains to a maximum 28% rate rather than the standard 20% long-term capital gains rate.
IRS Notice 2023-27 announced that the IRS is studying the issue and will issue guidance on when NFTs are collectibles. Until final guidance is issued, the IRS indicated it will apply a "look-through" analysis - if an NFT's underlying asset would be a collectible (art, gems, antiques, certain coins), the NFT may also be treated as a collectible. Traders who hold NFTs as inventory (dealers) are subject to ordinary income rates regardless.
DeFi transactions present the most complex crypto tax situations. The IRS has not issued comprehensive DeFi guidance, but general property tax principles apply:
Liquidity pool deposits: Adding tokens to a liquidity pool in exchange for LP tokens may be a taxable exchange if the LP tokens are treated as different property from the deposited tokens. Most practitioners treat this as a taxable event, recognizing gain or loss on the deposited tokens. IRS has not issued definitive guidance.
Yield farming / liquidity mining rewards: Tokens received as rewards for providing liquidity are ordinary income at FMV when received, consistent with the treatment of staking rewards under Rev. Rul. 2023-14.
Wrapped tokens: Wrapping ETH into wETH may or may not be a taxable event depending on whether the wrapped token is treated as the same asset. No definitive IRS guidance exists.
Lending protocols: Depositing crypto as collateral for a loan is not a taxable event. The loan proceeds are not income. However, if the collateral is liquidated to repay the loan, that liquidation is a taxable sale of the collateral.
Beginning with 2025 transactions (reported in early 2026), centralized cryptocurrency exchanges that qualify as "brokers" under the Infrastructure Investment and Jobs Act (P.L. 117-58, 2021) are required to issue Form 1099-DA to customers and the IRS. This is the crypto equivalent of a 1099-B for stock sales. 1099-DA reports gross proceeds from crypto disposals.
This significantly changes the enforcement landscape. The IRS now has third-party information returns for centralized exchange activity, making under-reporting of crypto gains much more detectable. Decentralized exchanges (DEX) face delayed and contested implementation of the broker reporting rules - final regulations are being litigated and revised as of 2026.
Cryptocurrency held on foreign exchanges may trigger FBAR and Form 8938 reporting obligations, but the rules are not fully settled. FinCEN proposed rulemaking in 2020 would require FBAR reporting for foreign crypto accounts, but final rules have not been issued as of 2026. Some practitioners recommend conservative reporting - treating foreign exchange accounts similarly to foreign bank accounts when the aggregate value exceeds $10,000. Form 8938 filing thresholds for specified foreign financial assets may apply if the IRS ultimately treats crypto on foreign exchanges as reportable. Monitor for developments and consult a qualified international tax CPA.