Staking: when the income arises
The prevailing approach is that staking rewards are income at market value when received, and that a later sale creates a second taxable point — the gain above that acquisition value. A minority of jurisdictions tax the sale only. This produces an unwelcome effect: tax can fall due on rewards before you have seen any cash.
DeFi: where the taxable events hide
- Swaps — a token-for-token exchange is a disposal almost everywhere: there is an event even though you never touched fiat.
- Providing liquidity — contested ground: several regulators treat entering and exiting a pool as an exchange (an event), and pool fees as income.
- Lending — interest is income; making the loan itself usually is not.
- Wrapped tokens and bridges — the greyest area of all: whether this is an exchange or a technical step has no settled answer.
Airdrops and forks
The standard approach: an airdrop is income at market value at the moment you gain control of the tokens; where no market existed at that moment, a zero-cost-basis position with tax on sale is usually defensible.
When this becomes a legal question
While you are calculating the current year, this is accounting and software. You need a lawyer when the position is arguable and the amount matters: assessments on staking for prior years, the classification of LP positions, disputes about when income arose. And if nothing was declared for earlier years, start with our page on disclosure.
The authorities that actually exist — and where they stop
On staking, the clearest guidance is American: IRS Revenue Ruling 2023-14 confirms that staking rewards are income at fair market value when the taxpayer gains dominion and control over them — an application of the constructive-receipt doctrine. The counter-argument, that newly created tokens should be taxed only on sale, was litigated in Jarrett v. United States and remains unresolved as precedent, which is why documented positions matter more here than in almost any other area. Liquid staking adds a second layer: whether swapping into a liquid staking token (such as stETH) is itself a disposal is treated inconsistently across jurisdictions.
In DeFi, the analysis runs transaction by transaction: entering a liquidity pool may be a disposal of the contributed tokens, impermanent loss is generally not deductible until realised, and a hard fork is not the same event as an airdrop even though the tokens arrive similarly. Note also that wash-sale restrictions do not currently apply to crypto in the United States, while other jurisdictions reach the same anti-abuse result through general rules — a reminder that copying a strategy across borders is where most self-help planning fails.
The DeFi question we can’t yet give a clean answer to is liquidity provision — whether entering a pool is a taxable disposal is treated inconsistently even between advisors in the same jurisdiction, let alone across borders. Where we see clients get into trouble isn’t from an aggressive position, it’s from not documenting which position they took and why, so that if it’s later challenged, the reasoning survives when the numbers do not.
Mark Eichorn · Managing Partner
Frequently asked questions
Are staking rewards taxable if I never sold them?
In most jurisdictions yes: income arises when the rewards are received, at their market value. Some jurisdictions tax only on sale — check your own.
Is crypto-to-crypto trading taxed?
Almost everywhere yes: it is a disposal with a gain calculation, even with no conversion to fiat.
What about DeFi losses — can they be offset?
Generally yes, against gains of the same type; carry-forward rules and wash sale restrictions depend on the jurisdiction.
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