Tax Alert — 2026 Filing Season

Form 1099-DA Is Live: What Bitcoin Families Must Do Now to Protect Their Estate

The IRS's new digital asset reporting form is no longer theoretical. Brokers filed the first-ever Form 1099-DA for the 2025 tax year. Self-custody holders, early Bitcoin buyers, and families planning generational transfers face a cost basis documentation crisis — and most have no idea it's coming.

Published March 10, 2026 By The Bitcoin Family Office ~3,500 words · 13 min read

Tax season 2026 marks a turning point in Bitcoin's relationship with the IRS. For the first time, US brokers — centralized exchanges like Coinbase, Kraken, and Fidelity Digital Assets — are filing Form 1099-DA reports with the IRS, covering digital asset sales made in the 2025 tax year. By 2026 transactions, the reporting expands further to include cost basis for "covered" digital assets.

If you hold Bitcoin on a centralized exchange, you are already inside this reporting regime. If you hold Bitcoin in self-custody — hardware wallets, cold storage, multi-sig — you are outside it, and that creates a different but equally serious problem: the IRS will eventually expect you to prove your basis with no broker to back you up.

For Bitcoin families with multigenerational wealth objectives, Form 1099-DA isn't just a tax compliance issue. It's an estate planning crisis in slow motion. The documentation gaps being created today — in how families hold, transfer, and plan around their Bitcoin — will determine whether heirs receive the full value of their inheritance or hand a substantial portion of it to the IRS.

This article explains how Form 1099-DA works, where it breaks down for estate planning purposes, and exactly what Bitcoin families need to do now to protect their wealth across generations.

Time-Sensitive

Form 1099-DA cost basis reporting begins for 2026 transactions. If your estate plan involves transferring Bitcoin into trusts, LLCs, or to heirs, the basis documentation decisions you make right now will determine your family's tax liability for decades. This is not a future problem — it is a current one.

2025
First tax year with 1099-DA gross proceeds reporting
2026
Cost basis reporting begins for "covered" assets
0%
Capital gains tax owed by heirs on stepped-up Bitcoin basis at death
40%
Federal estate tax rate above exemption — separate from capital gains

What Form 1099-DA Actually Is

Form 1099-DA — Digital Asset Proceeds from Broker Transactions — is the IRS's answer to a decade of underreporting in the cryptocurrency market. Under Treasury Department final regulations issued in 2024 (TD 10000, 26 CFR Parts 1, 31, and 301), brokers engaging in digital asset transactions are now subject to the same information reporting requirements that have long applied to stock brokers and mutual fund companies.

The rollout is phased:

1
2025 Tax Year (Now)
Gross Proceeds Only
Brokers report total proceeds from digital asset sales. Cost basis is NOT required from the broker — but taxpayers must still correctly report gains and losses on their own returns.
2
2026 Transactions Forward
Cost Basis Reporting for Covered Assets
Brokers must report cost basis for digital assets acquired on or after January 1, 2026, held in custodial accounts. This mirrors how Form 1099-B works for stocks.
3
Pre-2026 + Self-Custody: Always
Noncovered Securities — Your Problem
Bitcoin acquired before 2026 OR transferred from a self-custody wallet is a "noncovered security." The broker doesn't know your basis and is not required to report it. You are solely responsible for documenting and proving your cost basis to the IRS.

The Noncovered Security Gap Is Enormous

Here's the reality for most serious Bitcoin holders: if you bought Bitcoin at any point before 2026 — especially if you've moved it between wallets, exchanges, or cold storage — your cost basis is almost certainly classified as "noncovered." Your broker will report your proceeds when you sell, but will have little or no cost basis data to match against it.

The IRS's default assumption when it receives a 1099-DA showing proceeds but no basis? Your cost basis was zero. That means the entire sale amount is potentially treated as taxable gain.

For a family that bought 10 Bitcoin at $5,000 in 2020 (total cost: $50,000) and sells at $71,000 each (total proceeds: $710,000), the actual taxable gain should be $660,000. Without documented basis, the IRS could treat the entire $710,000 as gain — creating a $213,000+ additional tax liability at the 30% effective rate that vanishes the moment you can produce your original purchase records.

Critical Note on Self-Custody

If your Bitcoin lives in hardware wallets (Coldcard, Ledger, Trezor, Passport, Keystone), multi-sig setups, or any form of cold storage: no broker will ever file a 1099-DA for those holdings. This protects your privacy — but it means the IRS has no independent record of your cost basis. Your estate's ability to prove the basis falls entirely on your own documentation.

The Estate Planning Dimension Nobody Is Talking About

Tax journalists and accounting blogs are covering Form 1099-DA from an annual compliance angle: how do you file your 2025 return correctly? What software handles 1099-DA data? How do you reconcile the form against your own records?

That's the wrong frame for Bitcoin families. The real question is: what happens to your cost basis documentation when you die?

The Stepped-Up Basis Opportunity

Under current US tax law (IRC §1014), assets included in a decedent's gross estate receive a "stepped-up basis" — meaning heirs inherit the asset at its fair market value on the date of death, not the original purchase price. The unrealized capital gain accumulated during the decedent's lifetime is permanently eliminated.

For Bitcoin holders, this is the single most powerful tax benefit in the entire estate planning toolkit:

Without Stepped-Up Basis (Sale During Life)

Original purchase: 5 BTC at $10,000 = $50,000 basis

Sale at $71,000 each = $355,000 proceeds

$305,000 taxable gain

Long-term capital gains tax (23.8% with NIIT): ~$72,590 owed

With Stepped-Up Basis (Inherited at Death)

Original purchase: 5 BTC at $10,000 = $50,000 original basis

Value at death: $71,000 each = $355,000

$0 capital gains tax

Heirs inherit at $71,000 basis. Entire $305,000 gain is permanently eliminated

This makes the decision about when to sell Bitcoin a fundamentally different calculation than most people realize. Families with appreciated Bitcoin positions that they don't need for liquidity during their lifetime should seriously consider whether passing Bitcoin directly to heirs — with proper custody and inheritance planning — is more tax-efficient than selling during life.

How Form 1099-DA Intersects with Stepped-Up Basis

Here's where 1099-DA creates a new wrinkle for estate planning. When Bitcoin is held in a custodial account at death, the broker will have basis records — but those records may be incomplete, incorrect, or show "noncovered" status for older positions. The executor of the estate, and ultimately the heirs, must be able to prove:

  1. The fair market value of the Bitcoin on the date of death (to establish the stepped-up basis)
  2. That the Bitcoin was included in the gross estate (required for the step-up to apply)
  3. The original acquisition history (relevant for any intermediate transfers or partial sales)

If the estate's records are poor — if the decedent bought Bitcoin across multiple exchanges, some of which no longer exist, moved it into cold storage, transferred it to a hardware wallet with no documentation — the executor faces a nightmare reconstruction project at exactly the moment when they can least afford it.

The Trust Transfer Problem

Bitcoin transfers into irrevocable trusts, grantor trusts, LLCs, or family partnerships for estate planning purposes are treated as transfers from an "unhosted" wallet to a new custodial entity. Under 1099-DA rules, assets that arrive at a broker via transfer from an outside wallet are classified as noncovered securities — the broker has no basis history for them.

This means: if you transfer Bitcoin into an irrevocable trust for estate planning purposes, and that trust later sells or distributes the Bitcoin, the trust's basis documentation is entirely self-maintained. The trust document, combined with records proving the original acquisition cost, becomes the sole source of truth for tax purposes.

Your estate planning attorney should be documenting this explicitly in the trust's records — and your trustee should be maintaining a formal basis ledger for all digital assets held in the trust.

What HNWI Bitcoin Families Should Do Right Now

The Seven-Point 1099-DA Estate Planning Response

  1. Reconstruct your complete acquisition history — now

    Before the IRS starts matching 1099-DA proceeds against your returns with no basis, build your own complete basis file. Pull transaction histories from every exchange you've ever used. If exchanges have closed, check email confirmations, bank statements, and blockchain transaction records. For self-custody holdings, your wallet's transaction history can be matched against price data to reconstruct cost basis with reasonable accuracy. Software like Koinly, Cointracker, or TaxBit can automate much of this reconstruction.

  2. Choose and document your cost basis method in writing

    Under IRS Rev. Proc. 2024-28, taxpayers using centralized exchanges must choose a cost basis accounting method — FIFO (first in, first out), HIFO (highest in, first out), or specific identification — and document it per wallet. For estate planning purposes, specific identification often produces the best outcome because it lets you choose which lots to sell (preserving low-basis lots for the stepped-up basis at death). Your choice must be made before your first 2025 sale, and must be documented with your records.

  3. Inventory every holding and its custody location

    Create a formal Bitcoin inventory for estate planning purposes: wallet addresses, exchange accounts, ETF positions, multi-sig keyholders, and any hardware wallet locations. This document — sometimes called a "digital asset letter of instruction" — is separate from your will and trust (which are public documents that should not contain private keys). Store it with your attorney or in a fireproof safe accessible to your executor or successor trustee.

  4. Include basis documentation requirements in your trust documents

    If you have an existing irrevocable trust, dynasty trust, or family LLC holding Bitcoin, ask your estate attorney to review whether the trust document addresses the trustee's obligation to maintain digital asset basis records. Trusts drafted before 2025 almost certainly don't address 1099-DA. A trust amendment or restatement can add explicit provisions — or at minimum, the trustee should adopt a formal digital asset accounting policy now.

  5. Evaluate whether to hold or sell based on stepped-up basis math

    For any Bitcoin position where you are sitting on significant unrealized gains, model the stepped-up basis scenario explicitly. If your estate is below the federal exemption threshold ($15M per individual in 2026), passing Bitcoin to heirs with the full step-up may eliminate far more tax than any income tax planning strategy during your lifetime. If your estate is above the exemption, the estate tax math changes — but the capital gains step-up still applies to whatever passes to heirs, making the planning more layered.

  6. Coordinate with your tax preparer on the 2025 return NOW

    The 2025 Form 1099-DA reports gross proceeds — meaning the IRS sees your Bitcoin sales even if cost basis isn't on the form. If your 2025 return doesn't correctly reconcile the 1099-DA proceeds against your documented gains and losses, you'll receive an IRS notice (typically CP2000) asserting you underreported income. Have your tax preparer access your complete transaction history, not just the 1099-DA, and reconcile the full picture. For complex multi-exchange, multi-wallet situations, a crypto-specialized CPA is worth the cost.

  7. Establish a custody structure appropriate for generational transfer

    The best estate plan is one where your executor or successor trustee doesn't have to solve a custody crisis while grieving. For Bitcoin intended to pass to the next generation, the right custody architecture is designed for institutional continuity — not just individual convenience. Multi-sig with a professional keyholder (Unchained, Casa, or a qualified custodian at higher amounts) ensures continuity of access even if you are incapacitated or deceased, with no single point of failure.

The Bitcoin Mining Angle: An Often-Overlooked Basis Strategy

For families that produce Bitcoin through mining operations, the basis calculation is different — and often dramatically more favorable for estate planning purposes. Mined Bitcoin has a cost basis equal to its fair market value at the time it is received (since it's treated as ordinary income). But the costs of mining — electricity, hardware, facilities, depreciation on equipment — are deductible against that income.

The result: Bitcoin mining families often have a higher cost basis on their mined Bitcoin than market buyers do, because the hardware and operational costs are deductible. This reduces the unrealized capital gain that needs stepped-up basis treatment at death — and creates a powerful tax deduction stream during life.

Bitcoin Mining Tax Strategy Resource

Mining is one of the most powerful tax strategies available for Bitcoin-wealthy families. Depreciation deductions, bonus depreciation, and OpEx treatment can dramatically reduce the effective tax burden while simultaneously building a larger Bitcoin position. For a complete breakdown: Bitcoin Mining as a Tax Strategy — Abundant Mines

What the IRS Knows About Your Bitcoin — and What It Doesn't

Understanding the information asymmetry between you and the IRS is essential for 1099-DA planning:

What the IRS knows (from 1099-DA):

What the IRS does NOT know:

This asymmetry creates both risk and opportunity. The risk: if you can't prove your basis, the IRS defaults to zero. The opportunity: for self-custody holders with good documentation, you control the narrative — but only if that documentation survives you and is accessible to your estate.

The Intersection With Your Estate Plan

None of the above analysis operates in isolation from your broader estate plan. Form 1099-DA creates documentation obligations that need to be integrated into three key planning documents:

Your Will and Beneficiary Designations

Your will or revocable living trust should direct the executor/trustee to a separate "digital asset letter of instruction" (never include private keys in a will — it becomes a public document on probate). The letter should specify the location of every Bitcoin holding, the exchange accounts, any multi-sig keyholders, and where the basis documentation is stored.

Your Trust Documents

If Bitcoin transfers to an irrevocable trust during your lifetime, the trust should specify: how digital assets are to be held (self-custody vs. custodian), who is authorized to manage them, how basis is tracked, and what happens to the Bitcoin on distribution to beneficiaries (a distribution of Bitcoin to a beneficiary is itself potentially a taxable event for the trust — the trustee needs to know the basis).

Your Durable Power of Attorney

Your POA should explicitly authorize your agent to manage digital assets, access exchange accounts, transfer Bitcoin, and make cost basis method elections on your behalf if you become incapacitated. Many standard POA forms drafted before 2020 don't include digital asset authority — check yours.

Get Ahead of the 1099-DA Problem

The families that document their Bitcoin basis today won't be scrambling when the IRS comes calling — or when the next generation inherits. Join the waitlist for personalized guidance on digital asset estate planning, basis documentation strategy, and custody architecture.

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Frequently Asked Questions

What is Form 1099-DA and when does it apply to Bitcoin?

+
Form 1099-DA is the IRS's new Digital Asset tax reporting form. Beginning with the 2025 tax year, brokers (exchanges like Coinbase, Kraken, and others) are required to report gross proceeds from digital asset sales to the IRS. Starting with 2026 transactions, brokers must also report cost basis for "covered" digital assets — those acquired on or after January 1, 2026, while held in a custodial account. Self-custody holders are not covered by broker reporting and must maintain their own records.

What is a "noncovered security" for Form 1099-DA purposes?

+
A noncovered security under the 1099-DA rules is any digital asset acquired before January 1, 2026, OR any asset transferred into a broker's custody from an outside unhosted wallet (self-custody). For noncovered assets, the broker is NOT required to report cost basis to the IRS — meaning the taxpayer (and ultimately, their estate) must prove their own basis through their own records.

What happens to Bitcoin cost basis when someone dies?

+
Under current US tax law (IRC §1014), assets held at death receive a "stepped-up basis" to the fair market value on the date of death. For Bitcoin, this means heirs inherit the asset at the current price — not the original purchase price — eliminating all embedded capital gains tax. A Bitcoin purchased at $5,000 and worth $70,000 at death would be inherited at the $70,000 basis, with zero capital gains tax owed on the $65,000 appreciation. This is one of the most powerful tax benefits available to Bitcoin holders and a primary reason why passing Bitcoin to heirs may be more tax-efficient than selling it during life.

Do self-custody Bitcoin holders receive a Form 1099-DA?

+
No. If your Bitcoin is held in self-custody (hardware wallets, cold storage, multi-sig) rather than on a centralized exchange, no broker will file a 1099-DA for those holdings. This means your cost basis documentation is entirely your own responsibility — and your estate's responsibility when you pass. Self-custody holders should maintain meticulous records of purchase dates, prices, wallet addresses, and transaction history, and store that documentation somewhere accessible to their executor or successor trustee.

How does Form 1099-DA affect Bitcoin estate planning trusts?

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When Bitcoin is transferred into an irrevocable trust, grantor trust, or LLC for estate planning purposes, that transfer is typically treated as moving from an unhosted wallet to a new custodian — making the trust's Bitcoin position a "noncovered" security. The trust must independently document cost basis. Proper estate planning documents should specify how cost basis is tracked, who is responsible for maintaining records, and what evidence will be used to prove basis if the IRS challenges a future sale or distribution from the trust.

Hal Franklin

AI Research Analyst, The Bitcoin Family Office. Specializing in Bitcoin estate planning, wealth preservation strategies, and tax-efficient structures for high-net-worth Bitcoin holders.

Educational Purposes Only. This article is provided for general educational and informational purposes only and does not constitute legal, tax, financial, or investment advice. Form 1099-DA rules, IRS guidance, and cost basis regulations are subject to change. Tax treatment of digital assets, stepped-up basis provisions, and estate planning strategies referenced in this article may vary based on your individual circumstances. Consult a qualified tax professional, CPA, and/or estate planning attorney before making any decisions based on the information in this article. Nothing in this article creates an attorney-client or advisor-client relationship.