After the crypto sell‑off: what next for your gains?

Governments and regulators are homing in on cryptocurrency as a, thus far, relatively unregulated asset. The tide on this is turning, and their actions in recent budgets suggest that crypto is now being scrutinised as a potentially greater source of tax revenue. This is what we know about the government’s view of crypto today:

  • Crypto acquired through mining or payments is classed as income, and is subject to standard income tax rules.
  • Once in possession, crypto is considered to be “property” and is therefore subject to capital gains or losses upon disposal. Disposal can mean selling, exchanging, or spending your crypto.
  • From 1 January 2026, under the OECD’s Crypto-Asset Reporting Framework (CARF), UK-based crypto platforms will be required to collect and share customer transaction data with HMRC.
  • HMRC has confirmed that from 2025/26, Self-Assessment returns will include dedicated sections for cryptoassets.

The first two points highlight that crypto can be penalised by double taxation, as income (depending on how it is acquired) and property once it is held, making it subject to capital gains tax on disposal. The final two points signal that the government is making a move, which is being hidden under the smokescreen created by more mainstream policy announcements. The government might be positioning for a raid on crypto in budget statements to come, either now or once they have used the new transparency rules to quietly carry out an audit of crypto accounts in the UK.

So, if you are looking to diversify out of crypto, you’ve probably got some considerations: when is the right time? How do you reduce the risk of damage to your investment portfolio due to government changes in future? What can you do about the capital gains tax? Is there an alternative way you can invest your money with the potential to make significant gains? We will address these questions below.

Crypto vs Investment

Balancing the Portfolio

Navigating regulatory changes requires strategic diversification.

When is the right time to diversify out of your crypto portfolio?

There are different approaches you might consider. You could choose to complete any transactions before the Autumn Statement to avoid any changes that are made with immediate effect, which we’ve seen in recent years. Alternatively, as most policies do not take immediate effect, you could wait and see what changes might affect you before making any decisions.

How can you reduce the effective tax rate on your crypto investments?

In the same way that all investments carry a risk to capital, they also carry a risk that government policy will change to make them less efficient. However, there are many financial products on the market that have been introduced by governments, and therefore carry a level of confidence in their longevity. A great mainstream example is ISAs, which allow tax-free growth. Another example that many are less familiar with is the Enterprise Investment Scheme (EIS), a government-backed scheme that offers generous tax reliefs to invest in early-stage companies with high growth potential.

Key Strategy: EIS

Enterprise Investment Schemes (EIS) offer a government-backed route to tax-efficient investing, contrasting the regulatory uncertainty surrounding crypto assets.

What can you do about the capital gains tax? Is there an alternative way you can invest your money with the potential to make significant gains?

Amongst other tax reliefs, EIS gains are tax free once the investments have been held for three years, and EIS investments are a vehicle in which capital gains from other assets can be deferred. This means that, if you crystallise a gain from crypto and reinvest that gain into EIS qualifying assets, you can defer the tax bill on the gain you’ve made until the new investment crystallises. Furthermore, you can reinvest on an uncapped basis, so each time it crystallises you can invest again and keep deferring the bill. This is compounded by 30% income tax relief on any EIS investment, so over time the benefit of the income tax relief can absorb the capital gain you are deferring. CGT deferral via EIS can be carried back for up to 3 years, so can be applied to CGT you’ve already paid in favour of a rebate.

Cryptocurrency versus venture capital is an interesting comparison.

On the surface, there are considerable differences, such as the investment itself – crypto is an asset that you own in full, the value of which is influenced by the market. Venture capital investments are purchases of shares in companies which do rely on the market for growth, but also rely on the people behind the companies to get things right. However, both assets can be very volatile, and timing is crucial to maximising returns. Crypto is theoretically very liquid, whereas venture capital investments are considered illiquid: they often have to be held for a long time and the shareholder may have little influence over selling. However, many crypto investors hold their assets for a number of years out of choice, in order to ameliorate market fluctuations, and perhaps in some cases out of an aversion to crystallising taxable gains. Whilst patterns in crypto can emerge to guide decision-making around your investment, investments in small companies are something tangible: you can buy into something you believe in and watch it grow as a result[MF3] [MF4] of expertise, ambition, and careful nurturing.

“These similarities mean that any crypto investor considering diversifying into alternative asset classes should be considering EIS; high risk, long holding periods and volatility in exchange for uncapped growth potential is familiar territory. Moreover, EIS offers a unique opportunity to mitigate the taxes incurred by crystallising gains in a crypto portfolio, alongside tax-free growth of your new asset.”

Notes & Expert Takeaways

Summary Analysis

UK Crypto Tax Changes 2025/26

  • Crypto is considered property upon disposal.
  • Income tax applies on crypto payments, mining, and staking.
  • CGT due on gains when sold, spent, or exchanged.
  • Tightening rules: Tax returns to have specific crypto section for 25/26.
  • Reduced CGT personal allowance.
  • From 1 Jan 2026 (CARF): UK platforms required to share transaction data with HMRC.
  • General move towards government scrutiny. Is this tightening rules and hiking taxes under the smoke screen of wider-reaching policies?

Mitigation

  • Timing disposals to take advantage of tax-free allowances.
  • Crystallise losses to offset gains.
  • Pension contributions to reduce taxable income.
  • Tax-efficient investing – EIS for tax reliefs.

Reasons to go elsewhere

  • How much has crypto grown? Can anything else rival that growth?
  • Will the bubble burst – like the dot com bubble?
  • Diversification in case crypto collapses – especially under gov’t scrutiny.
  • Are you looking for something tangible?

Estimated reading time: 2 min

 

Due to the potential for losses, the Financial Conduct Authority (FCA) considers this investment to be high risk.

What are the key risks?

  1. You could lose all the money you invest
    1. If the business you invest in fails, you are likely to lose 100% of the money you invested. Most start-up businesses fail.
  2. You are unlikely to be protected if something goes wrong
    1. Protection from the Financial Services Compensation Scheme (FSCS), in relation to claims against failed regulated firms, does not cover poor investment performance. Try the FSCS investment protection checker here.
    2. Protection from the Financial Ombudsman Service (FOS) does not cover poor investment performance. If you have a complaint against an FCA-regulated firm, FOS may be able to consider it. Learn more about FOS protection here.
  3. You won’t get your money back quickly
    1. Even if the business you invest in is successful, it may take several years to get your money back. You are unlikely to be able to sell your investment early.
    2. The most likely way to get your money back is if the business is bought by another business or lists its shares on an exchange such as the London Stock Exchange. These events are not common.
    3. If you are investing in a start-up business, you should not expect to get your money back through dividends. Start-up businesses rarely pay these.
  4. Don’t put all your eggs in one basket
    1. Putting all your money into a single business or type of investment for example, is risky. Spreading your money across different investments makes you less dependent on any one to do well.
    2. A good rule of thumb is not to invest more than 10% of your money in high-risk investments. https://www.fca.org.uk/investsmart/5-questions-ask-you-invest
  5. The value of your investment can be reduced
    1. The percentage of the business that you own will decrease if the business issues more shares. This could mean that the value of your investment reduces, depending on how much the business grows. Most start-up businesses issue multiple rounds of shares.
    2. These new shares could have additional rights that your shares don’t have, such as the right to receive a fixed dividend, which could further reduce your chances of getting a return on your investment.

 

If you are interested in learning more about how to protect yourself, visit the FCA’s website here.