If you or your family members hold cryptocurrency, significant changes are on the horizon that may impact your tax strategy. It’s crucial to act before December 31, 2024, to qualify for IRS "safe harbor" protections related to the basis of your crypto assets. Here’s what’s changing and how you can prepare.
Starting in 2025, the IRS will require you to track the cost basis of crypto assets separately for each wallet or exchange. Previously, you could aggregate this information across all wallets and exchanges, using methods like FIFO (First-In/First-Out) or HCFO (Highest Cost First Out) globally. This flexibility allowed you to minimize capital gains taxes strategically.
Under the new rules, you must track and allocate cost basis per wallet or exchange. Failing to act now could complicate your tax filings and increase your liability in the future.
Let’s say you purchased:
If you sell Bitcoin on Coinbase today, current rules allow you to apply the higher Kraken cost basis to minimize capital gains. Starting in 2025, this strategy won’t be allowed. Each wallet’s cost basis must remain isolated.
The IRS offers a one-time “safe harbor” until December 31, 2024, to allow you to allocate cost basis across accounts as you see fit. Missing this deadline could significantly limit your tax strategy options.
To review Rev. Proc. 2024-28 and the IRS guidance, click here.
Here are four options to consider before year-end:
Cryptocurrency presents unique challenges in estate planning. Without proper documentation and access to your private keys, your crypto assets may become inaccessible to your heirs.
Fortunately, current laws provide a "step-up in basis" upon your death, meaning your heirs can sell crypto without paying capital gains on growth before your passing. Proper planning ensures they can access and benefit from your holdings.
At Sibley Law & Associates, your trusted Personal Family Lawyer® Firm, we understand the intersection of estate planning and digital assets. We’ll help ensure your crypto holdings are properly documented and integrated into your estate plan, working alongside your tax advisors to meet IRS requirements.
Click here to schedule a discovery call and start protecting your digital legacy for your loved ones.
This article is a service of Dedra Sibley, a Personal Family Lawyer® Firm. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Life & Legacy Planning Session™, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life & Legacy Planning Session™.
The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer® firms, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.
Monday – Friday: 9am – 5pm
Saturday - Sunday: Closed
Saturday morning: APPOINTMENT ONLY
Phone: (321) 844-8694
6767 N Wickham Rd Suite 400
Melbourne, FL 32940
Thank you for your submission.
Sibley Law & Associates PLLC. All rights reserved.
Disclosure: The information contained on this website and blog is of a general nature and is not intended in any way to answer individual legal questions. If you have a legal question concerning your individual circumstances, please contact our office to schedule a free consultation. Your review of information from this website or blog does not create an attorney-client relationship, nor any legal privileges related to legal representation.
Content, including images, displayed on this website is protected by copyright laws. Downloading, republication, retransmission or reproduction of content on this website is strictly prohibited. Terms of Use | Privacy Policy