So in an earlier article we talked about tax loss harvesting as being one of the key reasons that the price of Bitcoin usually drops at the end of the year.
Now tax loss harvesting does not apply to Bitcoin the asset in and of itself BUT it does apply to the ETF’s and there’s this law called The Wash Rule, that basically says that you cannot buy back into an asset that you sold for a loss, claim it on your taxes and cannot buy back in for 30 days afterward.
“So when was the biggest outflow day of 2025?” You ask.
Well funny enough it was December 15th, 2025 where the net outflow was around $357 million.
The second biggest net outflow day?
December 16th, 2025 with $277 million in ETF Bitcoin outflows.
So the December doldrums can be somewhat attributed to a tax deadline.
Plus the people who sold then?
Well I’m sure that a huge amount of them are planning on buying back in 30 days later.
Which is where we are today.
The Loophole That Doesn’t Exist (But Everyone Acts Like It Does)
Here’s where this gets interesting.
Technically, the IRS wash sale rule doesn’t apply to Bitcoin. At all.
In the stock market, if you sell at a loss, you can’t buy the same security back for 31 days or you lose your tax deduction. It’s the law. No exceptions.
But Bitcoin? The IRS classifies it as property, not a security. Which means you could sell it at 9am, claim the loss, and buy it back at 9:05am. Same day. Same price. Tax benefit still counts.
Robert Persichitte, a CPA and financial planner in Denver, puts it plainly: “You can sell that Bitcoin, buy it on that same day, and it doesn’t trigger that limitation.”
So why aren’t people doing this?
Two reasons.
First, there’s something called the Economic Substance Doctrine. The IRS can disallow any transaction that has no economic purpose beyond avoiding taxes.
Selling and immediately rebuying? That’s a red flag.
You’re in the exact same position... which means you might lose the deduction anyway.
Second, and this is the part that matters... sophisticated investors know the IRS is watching.
Starting in 2026, exchanges must report all crypto transactions on Form 1099-DA for the first time.
More scrutiny. More enforcement. More reason to play it safe.
So what do they do instead?
They wait 30 days anyway. Not because they have to. Because they want to avoid any hint of tax games.
Tom Geoghegan, who runs Beacon Hill Private Wealth in New Jersey, told Bloomberg his clients are being “deliberate and informed” this year.
Translation: they’re harvesting the loss in December, sitting on cash through January, then buying back after the 30-day mark.
Which creates a pattern.
The Pattern Playing Out Right Now
Look at the timeline.
Late December 2025: Bitcoin ETFs bleed $825 million as investors lock in losses before the tax deadline.
January 2-5, 2026: The second the new year hits, $1.2 billion floods back in. BlackRock alone deploys $287 million on January 2nd.
January 7-9: Another wave of outflows... $1.1 billion in three days. More tax loss harvesting from people who waited until the last minute.
January 14: Bitcoin surges to $94,953 on the back of $754 million in ETF inflows. Short sellers get liquidated for over $500 million.
You see what’s happening?
The people who sold in mid-to-late December are now hitting their 30-day mark and now the money is starting to flow back into Bitcoin again.
Bloomberg’s analysis showed investors who bought Bitcoin near the October peak now have losses to harvest. A 30% decline from $126,000 down to $88,000?
That’s tax gold for someone sitting on stock gains in a year when the S&P 500 rallied 18%.
So they sold in December in order to offset their equity gains and cut their tax bill by thousands in the end.
That’s something only an intelligent investor would do.
Why This Matters for the $1M Thesis
This is just part of the cycle for us.
December people sell and in January they buy back in.
It’s predictable, mechanical and completely disconnected from Bitcoin’s fundamentals.
So the people freaking out about “institutional selling” in December weren’t paying attention to the calendar.
The people celebrating “renewed conviction” in January are probably missing the bigger picture.
This is just tax optimization playing out.
And this tells you something very important about the people who are adding Bitcoin to their portfolios.
They’re not retail investors panic-selling.
These are CFAs and CPAs helping clients minimize tax liability while maintaining Bitcoin exposure.
They’re not leaving, they’re simply being diligent with their capital.
Will Cong, a finance professor at Cornell, notes that Bitcoin didn’t even show the “January effect” until after the IRS tightened enforcement in 2018. Once the rules got clearer, the pattern emerged.
And it’s getting stronger every year.
Why?
Because more professional money is in Bitcoin now and they understand this world much better than your average retail investor.
Tom Geoghegan again: “Tax-loss harvesting in crypto is being treated as part of the overall tax strategy... especially in a year of strong equity market performance.”
Bitcoin isn’t a speculative side bet anymore. It’s a core position in portfolios managed by professionals who know exactly what they’re doing.
The 30-day winter rotation we’re seeing isn’t weakness, it’s maturity.
The Opportunity Hiding in Plain Sight
So what does this mean for you?
Simple.
When you see ETF outflows in late December or early January, ask yourself: is this panic... or is this the 30-day clock starting?
When Bitcoin dips 5-10% around tax deadlines, are institutions losing faith... or are they creating a temporary supply-demand imbalance that reverses in exactly 30 days?
The pattern is right there.
December 2024: $1.09 billion in ETF outflows. January 2025: Reversal begins.
December 2025: $825 million in ETF outflows. January 2026: $754 million inflow on a single day.
This is what the path to seven figures looks like.
A maturing market where professionals optimize taxes, manage risk, and come back stronger when the calendar resets.
The fact that people are waiting 30 days even though they don’t have to? That’s bullish.
It means they’re thinking long-term and no longer trying to game the system.
They’re building positions they plan to hold for years.
And when Bitcoin hits $150,000... $250,000... $1 million... those 30-day dips will be footnotes, maybe even just a small buying opportunity.
What you need to know:
The wash sale rule doesn’t apply to Bitcoin, but cautious investors wait 30 days anyway to avoid IRS scrutiny under the Economic Substance Doctrine. This creates predictable selling in late December and buying pressure in mid-to-late January. The pattern strengthens each year as institutional money grows. December outflows aren’t exits... they’re rotations. And they’re another brick in the road to $1M Bitcoin.
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