US Wash Sale vs Canada Superficial Loss for Crypto
17 October 2026 · en-CA · Educational information · No affiliate links
Proposed, not law. H.R. 10357 is a bill. This page describes the introduced text only. A separate US wash-sale page is mentioned in the draft and is not published on this site.
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 read October 17, 2026. Anything marked expected should be re-checked (re-check planned December 1, 2026). Examples use made-up numbers. This page contains no affiliate links.
Short answer: Canada's superficial loss rule is in force and covers any capital property, with a 61-day window and affiliated persons. For the US, our existing page explains the current wash-sale position (US crypto wash-sale rule). A bill, H.R. 10357 (the "Digital Asset Tax Certainty Act"), as introduced, would extend IRC section 1091 to "specified assets", which include traded digital assets other than a qualified U.S. dollar stablecoin, in section 301.
Side by side
| Canada | US (current law vs. H.R. 10357 as introduced) | |
|---|---|---|
| Status | In force (Income Tax Act s. 54) | Proposal; we make no statement about passage or dates |
| Window | 30 days before to 30 days after | Section 1091 window (not re-read here) |
| Who counts | You or an affiliated person | Not covered here |
| Denied loss | Usually added to the ACB of the substituted property | Not covered here |
About H.R. 10357 (as introduced)
- Section 301 would replace "stock or securities" with "specified assets", and "identical securities" with "identical specified assets".
- The introduced text says the section's amendments "shall apply to dispositions after the date of the introduction of this Act". We read the introduced text on govinfo.gov; the introduction date was reported to us as September 14, 2026 but not re-confirmed on congress.gov.
- We do not state the bill's legislative status. The text could differ from any later version.
FAQ
Is a US wash sale rule on crypto law today? Not stated here; see the linked US page.
Does Canada exempt crypto? No exemption appears in the Act's definition we read; the open question is what is "identical".
What we could not verify
- The current legislative status of H.R. 10357 (congress.gov could not be read by our researcher).
- The exact introduction date (reported September 14, 2026; not re-confirmed).
- Whether a later version of the bill changes section 301 or its effective date.
- US section 1091 mechanics for the comparison table (not re-read).
Sources (official)
- Department of Justice Canada, Income Tax Act, s. 54 (definitions, "superficial loss"; Act current to 2026-09-30, last amended 2026-06-18) — https://laws-lois.justice.gc.ca/eng/acts/I-3.3/section-54.html (read in full October 17, 2026)
- CRA, Capital losses (page modified February 5, 2026 per our researcher's check; examples refer to tax year 2025) — https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/tax-return/completing-a-tax-return/personal-income/line-12700-capital-gains/capital-losses-deductions.html (read in full October 17, 2026)
- U.S. Congress (GovInfo), H.R. 10357, Digital Asset Tax Certainty Act, as introduced in the House — https://www.govinfo.gov/content/pkg/BILLS-119hr10357ih/html/BILLS-119hr10357ih.htm (section 301(e) read October 17, 2026)