Bitcoin Lost to a Scam: What Counts as a Tax Loss in Austria

Bitcoin lost to fraud: what the Austrian tax office recognises as a loss

Fake investment platforms, phishing or supposed crypto advisers: anyone who loses bitcoin to fraud may be facing a total loss in economic terms. For tax purposes in Austria, however, that does not automatically mean the original acquisition costs can be claimed as a loss.

For privately held cryptocurrencies the basic rule is this: losing coins to fraud is not a disposal for tax purposes. What is missing is therefore a realisation event, the thing that would trigger a capital loss you could offset against tax.

20,000 euros gone – and still no tax loss?

An example:

• Bitcoin bought for 20,000 euros
• the coins are transferred to the perpetrators as a result of fraud
• no repayment follows

In economic terms the loss amounts to 20,000 euros.

For tax purposes, those 20,000 euros held as private assets generally cannot simply be offset against share gains, dividends or other crypto gains. What is decisive is that the owner did not sell or swap the bitcoin in the course of a normal taxable disposal.

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