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Biden Proposes Doubling Capital Gains and Cracking Down on Crypto Wash Sales

Key Takeaways
  • President Biden has proposed doubling the capital gains tax rate for certain investors
  • The proposal also includes a crackdown on "crypto wash sales," a popular tax strategy used by crypto traders
  • The aim is to raise revenue and promote fair taxation in the rapidly growing cryptocurrency market
Biden Proposes Doubl

The Biden administration is proposing to extend the wash sale rule to digital assets

The administration aims to prevent tax exploitation and ensure fair taxation by expanding the rule that prevents investors from claiming losses on sales of substantially identical assets, now to digital assets. It's part of a broader effort to regulate the cryptocurrency market and promote transparency.

The upcoming budget proposal from U.S. President Joe Biden has some unexpected news for crypto traders and investors. The proposal includes a proposed doubling of capital gains for certain investors and a crackdown on crypto wash sales. 

The Biden administration is set to release its fiscal 2024 budget plan on March 9th, which aims to reduce the deficit by almost $3 trillion over the next decade. The plan also includes changes to crypto tax treatment, with the goal of raising approximately $24 billion.

One of the proposed changes is the end of a strategy known as tax-loss harvesting, in which a crypto trader sells assets at a loss for tax purposes before immediately repurchasing them. This strategy will no longer be allowed under the new proposal.

These changes are significant for the crypto industry and could have a major impact on traders and investors. It is important to stay informed and up-to-date on these developments to make informed decisions about your investments.


The current wash sale rules prohibit a certain strategy when it comes to stocks and bonds. However, the rules do not apply to crypto as digital assets have not been classified as securities. Nevertheless, it seems that the U.S. government is considering changing this. 

Danny Talwar, a representative from Koinly, a crypto tax software firm, stated that:

“This is an inevitable consideration for the U.S. If implemented, it would put the country on par with other jurisdictions such as Canada and Australia, where crypto wash sales apply.” 

Talwar also noted that the timing of this rule change is significant, as many crypto holders who entered the market during the 2021 peak are currently experiencing heavy losses. 

In addition to this potential rule change, the Biden budget proposes to nearly double the capital gains tax rate for investors making at least $1 million. This would result in a 39.6% tax rate on long-term investments, up from the current 20% tax rate. The budget also plans to increase income levies on corporations and wealthy Americans. 

Overall, it is important for crypto investors to stay informed about potential changes in regulations and tax laws. As the crypto market continues to grow and evolve, it is likely that there will be more changes to come.


Clarification added: The increased capital gains tax rate only applies to a specific group of investors, as reported by Bloomberg.

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