Digital Nomad

Digital Assets & Brokers: Temporary Relief Extended Until End-of-2026

The IRS has extended temporary relief for brokers handling digital assets, giving taxpayers more time to properly identify transactions under the identification rules in Section 1.1012-1(j)(3)(ii)—especially during this technology-driven transition.

By NomadicTax Research Team • 5 min read • May 31, 2026

## Backdrop: Digital Assets and Brokering Rules Digital assets—cryptos and related instruments—pose unique challenges for tax classification. In particular, how transactions are identified for cost basis purposes is governed under IRS rules including § 1.1012-1(j)(3)(ii), which concern adequate identification when assets are sold, transferred, or disposed of while held in custody by a broker. Normally, failure to meet those identification requirements forces use of the *first-in, first-out (FIFO)* method, which may increase tax liability. ([irs.gov](https://www.irs.gov/pub/irs-irbs/irb26-15.pdf?utm_source=openai)) --- ## What the Temporary Relief Covers Through **Bulletin No. 2026-15** (April 6, 2026), the IRS formally extended relief under **Notice 2025-7**—which allowed additional identification methods beyond the strict FIFO rule—for digital assets held by custodial brokers. The relief period now runs from **January 1, 2025 through December 31, 2026.** ([irs.gov](https://www.irs.gov/pub/irs-irbs/irb26-15.pdf?utm_source=openai)) The implication? Transactions occurring this year are covered so long as brokers are still moving to adapt systems. Sales/dispositions/etc. during this period may use these identification methods for tax basis purposes until brokers complete required system changes. --- ## Practical Scenarios & Advice for Digital Nomads, Investors, and Brokers **Scenario A: Investor with multiple wallet drops.** Suppose you’ve had digital asset income from different sources (stakers, DeFi, airdrops). If you sell or transfer before your broker has full records, this relief gives some flexibility to avoid harsh tax results under FIFO. **Scenario B: Broker transitioning record systems.** If you are a broker setting up new record-keeping systems but aren’t fully compliant yet, this relief gives a cushion to avoid forcing all clients into FIFO during the transition. **Scenario C: Digital nomad or remote worker accepting crypto pay.** If you receive compensation in crypto or tokens, and a custodial broker holds them—even temporarily—your cost basis calculations could be affected. Confirm with broker whether they qualify for relief under the extended period. --- ## Steps You Should Take Before December 31, 2026 - **Verify broker policies:** Ask whether they’re leveraging Notice 2025-7 relief. Ensure they provide required statements, account records. - **Keep detailed records:** Hashes, dates-in, dates-out, types of transfers—all help if later you’ll need to show adequate identification or reconstruct basis. - **Plan disposition timing:** If possible, time asset sales after broker’s system upgrades if that helps reduce tax burden. - **Consult tax advisors:** Especially those versed in crypto/digital asset taxation—this area still evolving rapidly. --- **Bottom line:** The IRS has extended a relief window for brokers handling digital assets until the end of 2026 under the digital-asset identification rules. Whether you’re an investor or broker, taking steps now to organize data and confirm compliance will help avoid costly misclassifications.