The wash sale rules under Section 1091 apply only to “shares of stock or securities.” Therefore, they do not apply to bitcoins unless bitcoins (and virtual currencies in general) qualify as “shares of stock or securities.”
This qualification would seem highly unlikely. There’s just really no argument that bitcoins are “shares of stock or securities.” The definition for these terms (taken from Section 1236, for example) is “any share of stock in any corporation, certificate of stock or interest in any corporation, note, bond, debenture, or evidence of indebtedness, or any evidence of an interest in or right to subscribe to or purchase any of the foregoing.” Bitcoins would not appear to meet this definition.
Section 1091 Wash Sale Rule | Does It Apply to Bitcoin? (bitcointaxsolutions.com)
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