Canada
The CRA has treated crypto as a commodity since 2013, half of every capital gain is taxable — and the two rules holders actually trip over are quieter: a superficial-loss rule that reaches thirty days in both directions, and a foreign-property form most people have never heard of.
What HolderTax can say from the current evidence
The schedule.
Status marks: — settled in practice, ! watch (moving or commonly misapplied), ? unresolved. All lines are a working draft pending licensed review.
FORM H–CA / 2026
STATUS: WORKING REVIEW| Line | Position | Current treatment | What it means | Status |
|---|---|---|---|---|
| 01 | Nature of the asset | Commodity · not currency | Dispositions are taxable events; transfers between your own wallets are not. | — |
| 02 | Capital vs business income | Facts decide · frequency, intent, expertise | Capital gains are half-taxed; business income is fully taxed. Day-trading patterns pull toward business — the single most expensive characterisation question in Canadian crypto. | ! |
| 03 | Inclusion rate | 50% · increase cancelled | The proposed two-thirds rate was deferred, then cancelled in March 2025. It was never law; 50% stands. | — |
| 04 | Cost basis · ACB | Average cost per identical property | All units of the same coin share one adjusted cost base — closer to the UK pool than to US lots. | — |
| 05 | Superficial loss | 30 days both directions · affiliated persons | Rebuy within the window — or your spouse or your corporation does — and the loss is denied, then added to the new ACB. Deferred, not destroyed. | ! |
| 06 | Token-for-token swap | Disposition | Stablecoin legs included, at CAD value on the day. Barter rules, not currency rules. | — |
| 07 | Staking & mining | Income where business-like · facts decide | Value at receipt enters income and becomes cost base. Hobby-scale mining differs from a mining business — and staking guidance remains thinner than either. | ! |
| 08 | Airdrops & forks | Guidance thin | Published CRA positions are sparse; treatments diverge in practice. Position with advice, keep the record. | ? |
| 09 | Foreign property · T1135 | Report if cost ever exceeds $100,000 | Foreign-platform crypto may fall within specified foreign property depending on the legal situs and custody facts. The $100,000 threshold is based on cost, at any time in the year; this crypto-specific application remains under licensed review. | ! |
| 10 | DeFi, wrapping & liquidity | Characterisation unresolved | Whether deposits and wraps are dispositions turns on facts; published guidance is thin. Position by transaction. | ? |
| 11 | Losses | Allowable at 50% · back 3 · forward indefinitely | Capital losses offset capital gains only. The superficial-loss rule on line 05 decides whether the loss exists at all. | — |
| 12 | Exchange data · CARF | Court orders · CARF implementation now tracks 2027 | Unnamed-persons orders already reach platform records. Current 2026 federal legislative notes move Canada’s new crypto reporting Part XXI to the 2027 and subsequent calendar years; final enacted timing must be checked before publication. | ! |
| 13 | Filing | Schedule 3 · 30 April | Self-employed file by 15 June, but payment is due 30 April either way. Tax year is the calendar year. | — |
| 14 | Records | Keep 6 years | CAD values per transaction, ACB workings, wallet trails. The reconstruction is cheaper before the letter. | — |
Education letterA general reminder about crypto reportingNot an audit — and under the new VDP rules, not even "prompted". The window is still fully open.Window open
Specific-issue letterThe CRA names a compliance issueDisclosure is now "prompted": penalty relief survives, most interest relief does not.Relief shrinking
Questionnaire / auditA crypto audit has openedThe VDP door is closed for this issue. Representation before the questionnaire.Formal
No letter yetUnprompted — the 100/75 momentFull penalty relief and 75% interest relief belong to disclosures the CRA didn't ask for.Voluntary
Read in the order trouble arrives.
The CRA letter ladder
Education letter, specific-issue letter, questionnaire. Each rung quietly reprices your disclosure.
→ RuleThe superficial loss
Thirty days in both directions, affiliated persons included — and the denied loss moves into your ACB.
→ DecisionThe VDP after October 2025
Unprompted or prompted is now the whole question. What each status buys, and what closes the door.
→ AnalysisT1135: the form crypto holders forget
Foreign platforms, a $100,000 cost threshold, and penalties that run per year — without any tax being due.
→Canonical claims used on this page
Claim IDs are the publication contract. A translation or article may explain a claim, but cannot silently change its source, status or review lifecycle.
ca.capital_vs_businessCapital vs business characterFacts and circumstances determine whether crypto activity is capital or business incomeca.inclusion_rateCapital gains inclusion50% taxable capital gain under current CRA 2025 guidance; recheck for 2026 return before publicationca.acbAdjusted cost baseCapital gain/loss uses adjusted cost base; CRA describes crypto ACB as usually weighted average costca.swap_disposalCrypto-to-crypto exchangeGenerally a disposition measured in Canadian dollarsca.superficial_lossSuperficial loss30 days before through 30 days after, plus substituted property ownership/right 30 days after; affiliated persons includedca.vdp_2025Voluntary Disclosures ProgramFrom 1 Oct 2025: general relief normally for unprompted applications; partial relief normally for prompted applicationsca.t1135_thresholdT1135 thresholdSpecified foreign property with total cost over CAD 100,000 at any time can trigger Form T1135ca.t1135_crypto_situsT1135 treatment of cryptoDraft assertion that crypto on every non-Canadian platform is specified foreign property needs licensed/legal situs reviewca.carf_timingCanadian CARF timingCurrent 2026 legislative notes apply the new Part XXI crypto reporting regime to 2027 and subsequent calendar years