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‘Biggest mistake’ is not using tax loss harvesting: Koinly head of tax

Failing to utilize tax loss harvesting is one of the biggest mistakes people can make on their tax returns, according to the head of tax at Koinly.

Failing to utilize tax loss harvesting is one of the biggest mistakes people make on their tax returns, according to Danny Talwar, the head of tax at crypto tax software firm Koinly.

Speaking to Cointelegraph ahead of the April 18 United States tax deadline, Talwar said that for those investors who experienced losses in the market over 2022, this is the last chance to report the loss and “try and get some of that benefit” by offsetting it against any gains made in the previous year.

Tax-loss harvesting occurs when an investor sells at a loss to offset the amount of capital gains tax owed from selling profitable assets.

“It’s probably the biggest mistake people make, not realizing they can use tax loss harvesting,” Talwar said.

“A lot of people might think, ‘oh, I’ve not made any money on crypto, so it’s not taxable this year,’ but you can actually get that benefit. So that’s probably one of the biggest strategies people can use.“

However, he also noted that to claim a loss, you “have to have realized the loss in some way.“

“The IRS was quite clear that you can’t claim a loss on something if its value has gone down and you haven’t actually sold out of it.“

Talwar says to be mindful that tax loss harvesting can lead some to commit a "wash sale," an IRS regulation that prevents an individual from selling or trading stock or security at a loss, then buying the same asset within 30 days of the sale.

As digital assets have not been classified as securities, crypto is currently not under these same rules, however, U.S. President Joe Biden's upcoming budget proposal has proposed a crackdown on crypto wash sales.

"Rules can change very quickly, and they can change retrospectively. So you really have to watch out as you have to understand the risks.”

Talwar said the IRS may still investigate whether a transaction was genuine "if you're doing something just to get a tax benefit."

“I wouldn't be encouraging people to do it, but at the same time, people are doing it."

Related: What crypto hodlers should keep in mind as tax season approaches

Talwar believes that those caught up in coin scams or exchange collapses such as FTX unfortunately might not be eligible to claim them as losses after the Internal Revenue Service (IRS) clarified the matter.

"The IRS actually came out and clarified the approach on that, because people were wondering whether they could claim losses on things like FTX or even rug pulls," he said.

Ultimately, Talwar says "the best strategy is to actually pay tax" and get professional advice ahead of tax season as talking to an accountant can help uncover “what reliefs and benefits are available.”

"Obviously, using an accountant can help to navigate any of that complexity or challenge around what to do."

For those that don’t have their documents ready, Talwar says there is the option to file for an extension but they’ll “still have to pay the taxes by April 18."

This article does not contain investment advice or recommendations. Every investment and trading move involves risk, and readers should conduct their own research when making a decision.

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Biden wants to double capital gains and clamp down on crypto wash sales: Reports

The Biden administration wants to apply the wash sale rule to digital assets.

U.S. President Joe Biden’s upcoming budget proposal has a few surprises for crypto traders and investors, including a proposed doubling of capital gains and a crackdown on crypto wash sales. 

The Biden administration is set to release its fiscal 2024 budget plan on Mar. 9 which is reportedly aimed at reducing the deficit by almost $3 trillion over the next decade. It also includes changes to crypto tax treatment with the aim of raising around $24 billion, according to reports.

One of these proposals includes an end to a strategy in which a crypto trader sells assets at a loss for tax purposes, known as tax-loss harvesting, before repurchasing them immediately after, according to the WSJ.

Such a strategy is not permitted when stocks and bonds are involved — under current wash sale rules — However, crypto is currently not under these same rules as digital assets have not been classified as securities.

However, it appears that the U.S. government is looking to change that.

Speaking to Cointelegraph, Danny Talwar, from crypto tax software firm Koinly commented:

“This is an inevitable consideration for the US which, if implemented, will see it on par with other jurisdictions such as Canada and Australia, where crypto wash sales apply.”

“If the rule is applied, the timing is significant as many crypto holders who entered the crypto space on the back of 2021 market peaks are suffering from heavy losses,” he added.

Related: What is crypto tax-loss harvesting, and how does it work?

The Biden budget is also proposing to nearly double the capital gains tax rate for investments to almost 40% from 20% and raise income levies on corporations and wealthy Americans, according to Bloomberg.

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