Cryptocurrency Exchange Losses in Canada: Lessons from Amicarelli v. The King
Cryptocurrency losses arising from exchange collapses, fraud, or misappropriation have become one of the most contentious issues in Canadian tax audits. In many cases, the Canada Revenue Agency seeks to characterize such losses as capital losses, limiting their deductibility to capital gains only.The Tax Court of Canada’s decision in Amicarelli v. The King provides important clarification on when crypto losses may instead be treated as losses on income account.Background of the caseThe taxpayer suffered a substantial loss after cryptocurrency assets held on an exchange became inaccessible. The CRA reassessed the loss as capital in nature. The taxpayer appealed, arguing that his Bitcoin activities constituted a commercial trading operation.The Court examined traditional indicators of business activity, including:intention to generate profit;frequency and volume of transactions;degree of organization and active management;overall commercial character of the activity.Based on these factors, the Court concluded that the taxpayer’s activities went beyond passive investment and constituted an adventure in the nature of trade. The loss was therefore deductible as a non‑capital...