Superficial Loss Exceptions in Section 54

17 October 2026 · en-CA · Educational information · No affiliate links

Educational information only. Not tax, legal or investment advice. We are not the CRA and are not affiliated with it. Check canada.ca and consider a qualified Canadian tax professional. Sources checked October 17, 2026. Anything marked expected should be re-checked. Examples use made-up numbers. This page contains no affiliate links.

Short answer: The definition of "superficial loss" in section 54 of the Income Tax Act sets the two tests (acquisition within 30 days before or after, and ownership or a right to acquire at the end of the period) and then lists dispositions to which it does not apply. Most of them are specialised, such as deemed dispositions on death or on leaving or entering Canada. We found no CRA statement connecting these exceptions to ordinary crypto trading, so most readers should expect the rule to apply to a plain sale at a loss followed by a repurchase.

The exceptions listed (Act current to 2026-09-30)

The rule does not apply to:

Two drafting points in the same definition

What this means (our reading)

If you sold at a loss and your own repurchase or an affiliated person's falls in the window, check whether your disposition is one of the exceptions above before assuming the loss is allowed (affiliated persons). Most individuals' sales are not in this list.

Made-up example

A person sells at a loss on December 15 and buys the same coin on December 20. The sale is an ordinary sale, not one of the listed dispositions, so the tests in the definition apply.

Related

Can I buy back after a loss? · Tax-loss selling window · US wash sale vs Canada

FAQ

Does death or leaving Canada trigger the rule? The listed sections are exceptions to it; their own effects are outside this page.

Does the CRA say crypto is identical property? Not in the pages we read.

What we could not verify

Sources (official)