Crypto Law/Level II · Tax: the first trap/2.3 Records and reporting/Lesson 2
Short-term and long-term gains
In US tax, one day past a year can change the rate on a crypto gain from ordinary income rates to the lower long-term rates.
Education, not legal, tax or investment advice. Crypto law differs between countries and states and changes often. Check the current rules where you live with a qualified lawyer or tax adviser before you act.
The lean path
The cheapest, lowest-tax, simplest and most private route the law allows, best first. Each step names the rule it rests on and the condition that keeps it lawful.
- Wait at least a year and a day: Publication 544 counts from the day after acquisition, and section 1222 makes gain on property held more than one year long-term.
- In 2026 long-term gains are taxed at 0% up to $49,450 taxable income single or $98,900 joint; with the $16,100 or $32,200 standard deduction, total income up to $65,550 or $131,100 stays in that band.
- In a low-income year, sell long-term coins within the 0% band and buy back to raise basis; the wash-sale rule does not touch gains, but the repurchased coins start a new holding period.
- Spread sales across years to stay under the unindexed 3.8% net investment income tax thresholds ($200,000 single, $250,000 joint); NFTs treated as collectibles can face a 28% maximum rate.
- German residents: private crypto sales after more than one year are untaxed under §23 EStG, and yearly private-sale gains under €1,000 are exempt; US citizens stay taxable by the US wherever they live.
MaterialsIRS Publication 544, the section on holding periods (counting starts the day after you acquire)Rev. Proc. 2025-32, section 4.03, with the 2026 thresholds for the 0%, 15% and 20% long-term ratesYour own lot list from lesson 2.3.1, with the acquisition date of each lot
Wonder
- How long do I have to hold a coin before the gain counts as long-term?
- Is a long-term gain on crypto always taxed at 15%?
- Does trading one coin for another restart the clock?
Explore
- US federal tax splits capital gains by holding period. Under 26 U.S.C. §1222, a gain on a capital asset held for not more than one year is short-term, and a gain on an asset held for more than one year is long-term. The IRS applies the same split to digital assets held as capital assets (Virtual Currency FAQ 6). A capital asset here simply means property held for investment or personal use rather than as stock in a business. Losses are split the same way, and the two kinds are netted against each other on Schedule D, which is why the date on every lot matters (lesson 2.3.1).
- Counting is precise. IRS Publication 544 says to start counting on the day after you acquired the property, and the day you dispose of it counts. Its example: an asset bought on 17 June 2024 and sold on 17 June 2025 has not been held longer than one year; sold on 19 June 2025, it has. Each lot has its own clock, so selling part of a holding can produce both kinds of gain. A swap of one coin for another is a disposal (lesson 2.1.3), so the coin you receive starts a new holding period with a new basis.
- Net short-term gains are taxed at ordinary income rates, the same brackets as wages. After the 2025 law commonly called the One Big Beautiful Bill Act (Pub. L. 119-21) made the 2018 brackets permanent, those rates are 10%, 12%, 22%, 24%, 32%, 35% and 37%. Net long-term gains on most assets are taxed at 0%, 15% or 20%, depending on total taxable income. For 2026, Rev. Proc. 2025-32 sets the top of the 0% band at $49,450 for single filers and $98,900 for married couples filing jointly, and the top of the 15% band at $545,500 and $613,700. These figures are adjusted for inflation each year.
- Two add-ons can raise the rate. The net investment income tax in 26 U.S.C. §1411 adds 3.8% on investment income, including capital gains, for individuals whose modified adjusted gross income exceeds $200,000, or $250,000 for joint filers; those thresholds are written into the statute and are not indexed. Separately, gain on collectibles held long-term can be taxed at up to 28%. In Notice 2023-27 the IRS said it intends to treat some NFTs as collectibles, using a look-through test to the asset or right the NFT represents, and asked for comments (lesson 1.2.6).
- Some acquisitions carry special holding periods. For a gift where you take the giver’s basis, your holding period includes the giver’s; inherited property has its own rules (lesson 2.1.5). Income events are different again: staking rewards or mining income are taxed as ordinary income when received (lessons 2.2.1 and 2.2.2), and only later price changes become capital gain or loss, with a holding period starting the day after receipt. State income taxes follow their own rules, and other countries draw the line differently or not at all, so the one-year rule is a US federal rule only.
- A practical check: take your lot list and mark the date on which each lot crosses one year and a day. Then look at your realized gains for the current year and see how many came from lots held a year or less. This lesson explains how the rate is decided; it does not suggest holding or selling on a schedule. Price risk while waiting can outweigh a rate difference, and the right comparison depends on your bracket, state tax and other gains or losses (lesson 2.3.3), which a qualified tax adviser can review.
Key facts
- Under 26 U.S.C. §1222, a capital gain is long-term only if the asset was held for more than one year.
- IRS Publication 544 says the holding period starts on the day after acquisition and includes the day of disposal.
- For 2026, Rev. Proc. 2025-32 sets the top of the 0% long-term capital gains band at $49,450 for single filers and $98,900 for joint filers.
- For 2026, the 15% long-term band ends at $545,500 for single filers and $613,700 for joint filers, above which the 20% rate applies.
- The 3.8% net investment income tax under 26 U.S.C. §1411 applies above modified adjusted gross income of $200,000 for single filers and $250,000 for joint filers.
- In Notice 2023-27 the IRS said it intends to treat certain NFTs as collectibles using a look-through analysis, which can mean a 28% maximum long-term rate.
Exercise nine, six, three, one
Fact check
Dates, figures and claims checked against the published sources listed below.
- 26 U.S.C. §1222 (Other terms relating to capital gains and losses)
- IRS Publication 544, Sales and Other Dispositions of Assets
- IRS Rev. Proc. 2025-32 (2026 inflation adjustments)
- 26 U.S.C. §1411 (Net investment income tax)
- IRS Notice 2023-27 (Treatment of certain NFTs as collectibles)
- IRS: Frequently asked questions on virtual currency transactions