Lost or stolen crypto claims — what should I check first?

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Answer

Whether the loss is capital or business follows the original characterisation of the holding, and the timing depends on when the asset became worthless or the claim crystallised. One question decides whether this is a filing or a project.

What to check first

Whether the loss is capital or business follows the original characterisation of the holding, and the timing depends on when the asset became worthless or the claim crystallised. Contemporaneous evidence of the event and the holding is what supports the claim.

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The exception

A theft or exchange collapse is not automatically a deductible loss. In most systems there must be a realisation event, and evidence of it, before anything can be claimed.

Lost or stolen crypto claims — what should I check first?
ItemAmount
Cost of the propertyC$350,000
Value on the departure dayC$581,000
Accrued gain treated as realisedC$231,000
Amount assumed to enter incomeC$115,500
Tax at an assumed 32%C$36,960

C$36,960 becomes payable in a year with no sale and no cash. That is what makes the departure date a planning variable: losses realised before it, an election to defer payment against security, and defensible valuations for anything private all change this number.

Illustrative figures, not a client engagement: the amounts are chosen to make the mechanism legible, and the rates and thresholds are assumptions stated for the example only. We confirm every one of them against the issuing authority for your own tax year before anything is filed.

What to do next

The full treatment — who it binds, the deadline, the penalty and the fixed fee — is on Lost or stolen crypto claims. The quote comes before the work, in writing.

Reviewed against current guidance for the 2025 and 2026 filing seasons by Udit Gupta, Cross-Border Tax Expert, Legal Quotient Consultants. General guidance only. Your own facts decide the answer, so bring them to a call before relying on this.

International tax accountant — what this page covers

Most readers of this page are looking for international tax accountant. What follows sets out how it works for lost or stolen crypto claims: who is caught by it, what has to be filed, and what the work costs, agreed before it begins.

Cross-border situations we are engaged for

Case study 1

Timing of an exchange collapse loss set by when the claim crystallised

A client wanted to claim the whole holding in the year the platform froze withdrawals. What the client held at that point was a claim in an insolvency, and distributions were still in prospect. We worked through the notices, the proof of claim and the administrator's correspondence to identify when the claim was fixed in amount. The engagement produced a chronology, a claim made in the year the evidence supported rather than the year of the announcement, and a file the client can produce if that year is examined.

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Case study 2

Evidence pack built for a wallet compromise

A client lost the contents of a self-custody wallet to an attacker and had nothing organised beyond a screenshot. We reconstructed the holding from acquisition records and the chain, traced the outgoing transfers, and collected the police report, the platform correspondence and the dates of each step into a single file. The engagement produced a documented holding as at the date of the loss, a chronology of the event, and a written note of which elements of the claim are strongly supported and which rest on the client's own account.

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Case study 3

Character of a trader's loss followed the earlier treatment of the gains

A client who had traded actively for years, reporting the results as business income, suffered a large loss and wanted to claim it on capital account because that suited the other entries in the year. The character is not selected at the point of loss; it follows what the holding was. We examined the reporting history and the nature of the activity and advised accordingly. The engagement produced a computation consistent with the earlier years, a memorandum on the characterisation, and a corrected draft return.

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Case study 4

Inaccessible coins examined and no claim made for the year

A client had lost access to a wallet holding a considerable balance and asked us to claim the amount. The coins had not moved and there was no event to point at beyond the loss of the key. We set out why, on the facts available, a claim would be difficult to sustain, and what would have to be established for it to become arguable. The engagement produced a written opinion, a dated record of the holding and the recovery attempts, and a file kept open against a year in which something changes.

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Case study 5

A loss claimed in the wrong year corrected before it was examined

A client had already claimed a platform loss in the year the news broke, on a return filed without advice. The claim sat a year earlier than the evidence supported, and the amount had since been altered by a distribution. We recomputed the loss by reference to when the claim was settled and by how much, and dealt with the earlier claim properly rather than leaving two inconsistent returns on the record. The engagement produced an amended computation and a written explanation of the change.

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Case study 6

Worthless token distinguished from a disposal for a client still holding it

A client held a token whose project had been abandoned. Nothing had been sold, there was no buyer, and the question was whether an asset still sitting in the wallet had become worthless and if so when. We looked at what the project had announced, whether any market remained, and what the client had attempted to do with the holding. The engagement produced an assessment of the point at which value was gone, the evidence for it, and a claim timed to that point rather than to the year the client noticed.

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Case study 7

Inheriting Property in India While Living Abroad

India does not tax the inheritance itself, but the later sale and the money leaving the country both have positions of their own. The file establishes the cost base to use on that sale and what the remittance will require.

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Case study 8

An Estate That Cannot Distribute Until the Clearance Comes

An executor who distributes before the clearance certificate can be held personally liable for what is later assessed. The file prepares the final return and the estate return, and applies for the clearance in the order that lets the estate close.

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All case studies — every published engagement in one place.

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Also asked about Lost or stolen crypto claims

Can I claim a tax loss on crypto stolen from my wallet?

Possibly, but not simply because the coins have gone. Most systems need a realisation event — a point at which the asset, or the claim to it, is actually disposed of or established as worthless — together with evidence that the event happened. A theft is an event in the world; whether it is a realisation event for tax is a separate question with its own timing. Start with what you can prove: that you held the coins, that they were taken, when that happened, and what you did about it.

My exchange collapsed — when can I claim the loss?

Not necessarily in the year the platform stopped paying out. What you hold after a collapse is usually a claim against an insolvent business rather than the coins themselves, so the timing question becomes when that claim crystallised or became worthless. While a distribution is still in prospect, some value may remain. Claiming in the wrong year is the common error and it is worse than waiting, because an early claim can be denied and the correct year may be closed by the time anyone notices.

What proof do I need that the coins were mine?

The evidence has to cover both the holding and the event, and it should be contemporaneous wherever possible. For the holding: acquisition records, the addresses or accounts concerned, and the balance immediately before the loss. For the event: the chain trace of the outgoing transfer, any correspondence with the platform, reports made to the police or a regulator, and dates for all of it. Evidence assembled months afterwards is worth having but is weaker, so gather it while the records still exist.

Is stolen crypto a capital loss or a business loss?

It follows the character the holding already had. If the coins were held as capital property, the loss falls on capital account; if the activity was a trade and the coins were its stock, it falls on the other side. This is not a choice made at the moment the loss occurs. It is determined by what the holding was before the event, which is why an inconsistent history of reporting gains causes so much trouble when a loss finally has to be claimed.

I lost my seed phrase — can I deduct the coins?

This is the hardest version of the problem, because nothing has moved. The coins still sit at an address; what has been lost is your ability to reach them. Whether that amounts to a realisation event is genuinely doubtful in most systems, and the answer usually turns on whether the asset can be shown to be beyond recovery rather than merely inaccessible. Document what was held, what recovery was attempted, and when it was abandoned, then take a view with your eyes open.

Must I wait for the bankruptcy to finish before claiming?

Often, in substance, although the test is not the formal closing of the insolvency but when your claim became worthless or was otherwise settled. A partial distribution can fix the amount, and an announcement or a court determination may do so earlier. Keep the file open and dated: the correspondence, the notices, the proof of claim, and any distribution received. The year you claim in has to be supported by something that happened in that year, not by the point at which you stopped hoping.

Branch or subsidiary — which should we use to expand?

A branch keeps one taxpayer: results consolidate at home, losses are usable sooner, and the exposure is that the branch is a permanent establishment whose profit the host country taxes, sometimes with a branch tax on repatriation. A subsidiary is a separate taxpayer with limited liability and local rates, at the cost of withholding on dividends home and transfer pricing on everything between them. The deciding facts are usually expected losses, liability and exit plans. See branch against subsidiary.

Which countries have a tax treaty with the United States?

Around sixty, including Canada, the United Kingdom, India, Australia and most of western Europe — but the list matters less than the terms, because each treaty caps rates and allocates income differently. Two countries with treaties can produce opposite answers on the same pension or the same royalty. What decides your position is the specific article covering your income type. See our country guides.

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