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The ‘GENIUS Loophole’: How To Use the New Crypto Law To Pay Zero Capital Gains
Yahoo Finance· 2026-03-04 17:00
Core Viewpoint - The so-called "GENIUS loophole" allowing crypto investors to pay zero capital gains taxes does not actually exist, as no new legislation has been enacted to eliminate these taxes for cryptocurrency transactions [1]. Group 1: Misleading Claims - The term "GENIUS loophole" is considered misleading, as U.S. tax laws classify cryptocurrencies as property, making any sale, exchange, or transaction involving appreciated crypto a taxable event [2]. - There is confusion surrounding a potential de minimis exemption for stablecoins, which aims to facilitate small purchases but does not apply to trading or investing activities [3]. Group 2: Repackaging of Old Strategies - Long-standing tax strategies, such as holding assets until death for a step-up in basis or donating appreciated assets, are being misrepresented as new crypto loopholes, despite being unrelated to any recent legislation [4][5]. - Legitimate capital gains deferral strategies in the tax code, like 1031 exchanges and Qualified Opportunity Funds, are highly regulated and do not pertain to cryptocurrency, contradicting the notion of a new law allowing tax avoidance for crypto investors [6].