Cryptocurrency & Digital AssetsAnswered

Do wash sale rules apply to cryptocurrency losses in my foreign-owned LLC?

M6
marco_6906new member
January 7, 2020 1,678 views 1 answer
wash salecrypto lossestax loss harvestingforeign-owned LLCcapital losses

My LLC sold some Bitcoin at a loss and then repurchased it the next day to maintain exposure. With stocks, the wash sale rule would disallow the loss. But I've heard that crypto is exempt from wash sale rules because it's "property" not a "security."

Is this still true? I've heard Congress might change this. If I can harvest losses without wash sale restrictions, that seems like a huge advantage. What should I know as a foreign LLC owner?

Related Questions

CryptoAnswered

Is swapping one cryptocurrency for another a taxable event for my foreign-owned LLC?

I traded ETH for BTC on Uniswap through my LLC. No USD was involved at all — it was purely a crypto-to-crypto swap. A friend told me this isn't taxable because I didn't convert to fiat, but I've also ...

OC
oscar_co_2c29·May 16, 2019
2,1561
CryptoAnswered

Does FATCA (Form 8938) apply to cryptocurrency held on foreign exchanges through my LLC?

I've read about FATCA reporting requirements for foreign financial assets. My foreign-owned LLC has accounts on Binance International and KuCoin (both foreign exchanges). The total crypto value fluctu...

RP
rafael_pt_aaf2·Dec 16, 2019
1,1231
CryptoAnswered

What cost basis methods can I use for crypto in my foreign-owned LLC — FIFO, LIFO, or specific ID?

I've accumulated Bitcoin over several years through my LLC, buying at different prices. Now I'm selling some. My crypto tax software lets me choose between FIFO (first in, first out), LIFO (last in, f...

IS
ingrid_se_7cf6·Jun 15, 2020
1,2341
CryptoAnsweredFeatured

What is Form 1099-DA and how do the new broker reporting rules affect my foreign-owned LLC?

I just got an email from Coinbase saying they'll start issuing Form 1099-DA for 2025 transactions. I own my LLC as a non-resident alien and I've been filing W-8BEN with the exchange. What exactly is ...

TJ
tomoko_jp_0fc4·Feb 22, 2022
2,6781
CryptoAnswered

How do I fill out Form 8949 for cryptocurrency trades in my foreign-owned LLC?

My foreign-owned LLC made about 150 crypto trades last year on Coinbase Pro. I understand I need to report these on Form 8949, but the logistics are confusing. Do I list every single trade individuall...

CM
carlos_mx_45a1·Dec 3, 2022
1,4561
CryptoAnswered

What are the current IRS crypto reporting requirements for foreign owners of U.S. LLCs?

I keep hearing about new IRS rules for cryptocurrency reporting, and I'm overwhelmed trying to figure out what applies to me specifically as a non-U.S. person who owns a single-member LLC. I know abo...

P3
priya_3d1e·May 28, 2025
1,9231
CryptoAnsweredFeatured

My LLC only bought Bitcoin and held it. Do I still answer 'Yes' to the digital assets question on the return?

I run a foreign-owned Wyoming LLC and during the year we bought Bitcoin as a treasury asset, but we never sold it, exchanged it, or paid anyone with it. We also did not receive any staking rewards or ...

T5
timo_5ccd·Dec 26, 2025
1,9161
CryptoAnsweredFeatured

How do I report cryptocurrency income earned through my foreign-owned U.S. LLC?

I'm a non-resident alien who owns a single-member LLC in Wyoming. The LLC receives crypto payments from clients for freelance consulting work. Some payments are in Bitcoin, some in USDC. I convert mos...

AR
andrei_ro_27f1·Oct 17, 2025
2,8471
CryptoAnswered

Is cryptocurrency staking income taxable for my foreign-owned LLC? When do I recognize it?

I stake ETH through my LLC's Coinbase account and also run an Ethereum validator at home overseas. The staking rewards appear in my account periodically. I've heard conflicting information: some say s...

HA
henrik_a3bb·Jul 20, 2021
1,5671
CryptoAnsweredFeatured

Does cryptocurrency trading through my foreign-owned LLC create effectively connected income (ECI)?

I'm a foreign national living in Singapore and I own a single-member LLC in Delaware. The LLC's main activity is actively trading cryptocurrencies — buying and selling on U.S. exchanges like Coinbase ...

WS
wei_sg_bc7d·Feb 27, 2020
2,1341

Have a similar question?

ForeignLLCTax members get expert answers with IRS citations. One CPA consultation costs $200+. Full access is $9.99/month.

Become a Member — $9.99/mo

Disclaimer: All content on ForeignLLCTax.com is created by a tax professional and is provided for general educational and informational purposes only. It does not constitute tax, legal, or accounting advice, and should not be relied upon as such. Every tax situation is different — for advice specific to your circumstances, please consult a licensed CPA, Enrolled Agent, or tax attorney. By using this website, purchasing a subscription, or accessing any tools or services, you acknowledge that no client-professional relationship is established between you and ForeignLLCTax.com or its operators. This website is not affiliated with the IRS.

Watch the walkthroughs