Can I Reclaim Tax If I Lost Access to My Crypto Wallet?
If you have lost access to your crypto wallet, you might be able to reclaim tax by making a negligible value claim. Learn how HMRC handles crypto losses and how to apply.
At Towerstone, we provide specialist crypto accountancy services for UK investors and businesses. We have written this article to explain when losses may be claimed, helping you understand the tax and reporting position.
In my experience, this is one of the most stressful crypto tax questions anyone can face. It usually comes with a sinking feeling, a lot of frustration, and often a sense of regret. People contact me after losing private keys, forgetting passwords, having devices fail, or realising too late that a wallet is permanently inaccessible. The financial loss is bad enough, but the uncertainty around tax makes it even worse.
The short answer is sometimes yes, sometimes no, and it depends very heavily on the facts. Losing access to a crypto wallet does not automatically mean you can reclaim tax, write the loss off, or ignore the asset. HMRC looks very closely at what actually happened, whether the loss is permanent, and whether it can be evidenced properly.
In this article, I am going to explain how HMRC views lost crypto, when a loss may be claimable, when it is not, and what evidence is usually required. I will also explain the difference between a tax loss and an economic loss, which in my opinion is where most confusion arises. Everything here is based on current UK practice and what I see in real cases, not theory.
Why This Question Is So Common
Crypto ownership comes with a unique risk that does not exist with traditional assets. If you lose access to your wallet, there is often no recovery process, no customer service desk, and no legal fallback. From experience, this usually happens due to:
• Lost private keys or seed phrases
• Hardware wallet failure without backups
• Passwords forgotten on old devices
• Death of a key holder without recovery information
• Sending assets to inaccessible addresses
When people realise the crypto is gone for good, the next question is always the same. Surely this counts as a loss for tax.
In my opinion, that instinct is understandable, but tax law does not always align with common sense.
How HMRC Views Crypto Assets
Before answering whether tax can be reclaimed, it is important to understand how crypto is treated in the UK tax system.
HMRC does not treat crypto as currency. Instead, it treats cryptoassets as a form of property.
That distinction matters a lot.
Because crypto is treated as property:
• Capital Gains Tax usually applies on disposal
• Losses can sometimes be claimed
• Ownership does not require access or usability
From experience, that last point causes the most problems.
Losing Access Is Not Automatically a Disposal
This is the single most important concept to understand.
Losing access to a crypto wallet is not automatically treated as a disposal for tax purposes.
A disposal usually requires that:
• Ownership ends
• Value is realised or crystallised
• The asset is sold transferred or destroyed
From HMRC’s perspective, if the crypto still exists on the blockchain and is still owned by you in principle, even if you cannot access it, ownership may not have ended.
In my opinion, this feels harsh, but it is how the rules are applied.
The Difference Between Economic Loss and Tax Loss
From experience, many people conflate these two concepts.
An economic loss is what you feel. The crypto is gone to you, unusable, and effectively worthless.
A tax loss is something that fits within the legal definition of a loss under tax law.
You can suffer an economic loss without having a tax loss that HMRC recognises.
In my opinion, this distinction is critical and often misunderstood.
When a Crypto Loss May Be Claimable
There are circumstances where losing access to crypto can result in a claimable loss.
This usually falls under the concept of a negligible value claim or a disposal where ownership is genuinely lost.
Let me explain both.
Negligible Value Claims and Crypto
A negligible value claim allows you to treat an asset as disposed of if it has become of negligible value.
This does not mean the asset is difficult to access or inconvenient. It means it is effectively worth nothing.
For a negligible value claim to succeed, you usually need to show:
• The asset has no real market value
• The loss is permanent
• There is no reasonable prospect of recovery
From experience, this is very difficult to prove with crypto that still exists on the blockchain.
Why Negligible Value Claims Often Fail for Lost Wallets
In most lost wallet cases:
• The crypto still exists
• The market value is unchanged
• The blockchain recognises the asset
• Ownership has not legally transferred
From HMRC’s perspective, the asset is still there, even if you cannot access it.
In my opinion, this is one of the hardest things for people to accept.
When a Negligible Value Claim May Work
There are some situations where a negligible value claim may be accepted.
These tend to involve:
• Tokens that have become worthless
• Projects that have collapsed completely
• Chains that are defunct
• Assets with no active market
In these cases, the loss is due to the asset itself having no value, not because access was lost.
That is a very different scenario.
Losing Private Keys Versus Asset Destruction
From experience, HMRC draws a distinction between losing access and the asset being destroyed.
If an asset is destroyed, ownership ends.
If access is lost but the asset remains, ownership may still exist.
Crypto does not have a physical form, so destruction is hard to prove.
In my opinion, this is where crypto clashes badly with traditional tax concepts.
Is There Ever a Disposal When Access Is Lost?
There are rare situations where HMRC may accept that a disposal has occurred.
These include:
• Sending crypto to a provably irrecoverable address
• Burning tokens in a verifiable way
• Smart contract errors that permanently lock assets
In these cases, you may be able to argue that ownership has ended.
From experience, strong technical evidence is essential.
Evidence HMRC Will Expect
If you are claiming a loss due to lost access, HMRC will expect evidence.
This may include:
• Wallet addresses
• Transaction hashes
• Proof of ownership
• Technical explanations
• Statements explaining how access was lost
• Evidence that recovery is impossible
In my opinion, vague explanations like I lost my keys will not be enough.
Lost Passwords and Old Exchanges
Another common scenario involves old exchange accounts.
People often say:
• The exchange shut down
• I cannot log in anymore
• My email no longer exists
From experience, HMRC usually treats this as unresolved ownership rather than a disposal.
Unless the exchange has formally confirmed loss or insolvency, the asset may still be considered owned.
Exchange Collapses and Insolvencies
This is an important distinction.
If an exchange collapses and enters insolvency, the position may be different.
In these cases:
• Assets may genuinely be lost
• Ownership may be extinguished
• A claim may exist
However, timing matters.
You may only be able to claim a loss once the insolvency position is clear.
From experience, premature claims are often rejected.
Theft and Hacking Losses
Crypto stolen through hacking or scams is another difficult area.
HMRC does not automatically accept theft as a disposal.
In many cases:
• Ownership is considered retained
• The asset still exists
• The thief now controls it
From experience, theft losses are rarely accepted as capital losses for individuals.
This is one of the harshest areas of crypto tax in my opinion.
When Theft May Result in a Claim
There are limited situations where a loss may be recognised, often involving:
• Business activity rather than personal investment
• Clear evidence of permanent loss
• No prospect of recovery
For individuals holding crypto as an investment, claims are difficult.
Capital Gains Tax Versus Income Tax
Another area of confusion is whether a loss can be offset against income.
Capital losses can generally only be offset against capital gains, not income.
This means:
• You cannot usually reclaim Income Tax
• You may reduce future Capital Gains Tax
• Losses must be reported correctly
From experience, people often expect a refund when the reality is a carry forward loss.
Can You Amend Past Tax Returns
If you previously paid Capital Gains Tax on crypto that is now lost, you may ask whether you can reclaim that tax.
In most cases, the answer is no.
Tax is based on what happened at the time.
If you disposed of crypto in the past and paid tax correctly, a later loss does not undo that event.
In my opinion, this is frustrating but consistent with tax principles.
Timing Matters More Than People Realise
Losses must usually be claimed in the correct tax year.
Delays can limit what you can do.
From experience:
• Late claims may be rejected
• Evidence degrades over time
• Blockchain records remain but context is lost
If you believe you have a valid claim, timing is critical.
Voluntary Disclosure and Honesty
If you are unsure how to treat lost crypto, honesty is essential.
From experience, HMRC is far more receptive to:
• Clear explanations
• Full disclosure
• Technical detail
• Reasoned positions
Trying to hide losses or ignore assets creates far bigger problems later.
Common Misunderstandings I See
Over the years, I have seen the same assumptions repeated.
These include:
• Lost access means zero tax
• HMRC cannot see wallets
• Losses are automatic
• All crypto losses are deductible
• No records means no liability
In my opinion, these beliefs are dangerous.
Practical Steps If You Lost Access to Crypto
Based on experience, I would suggest:
• Document exactly what happened
• Gather wallet and transaction data
• Assess whether recovery is truly impossible
• Distinguish between loss of access and loss of value
• Seek professional advice before claiming
Acting too quickly often makes things worse.
Emotional Impact and Decision Making
I think it is important to acknowledge the emotional side.
People often feel embarrassed, angry, or ashamed after losing access to crypto.
That emotion can lead to rushed decisions.
From experience, slowing down and dealing with the tax position calmly leads to better outcomes.
My Professional View
In my opinion, losing access to a crypto wallet is one of the hardest situations crypto investors face.
From a tax perspective, HMRC is conservative and rule based. It does not automatically recognise losses just because access is lost.
Some losses can be claimed. Many cannot.
The key is understanding the distinction and approaching the issue with evidence and care.
When Professional Advice Is Essential
Advice is particularly important if:
• The amounts involved are significant
• You are considering a loss claim
• HMRC has already contacted you
• The situation involves exchanges or hacks
• Records are incomplete
From experience, getting this wrong can be far more costly than the crypto itself.
Where this leaves you
So, can you reclaim tax if you lost access to your crypto wallet?
Sometimes, but only in very specific circumstances. Losing access does not automatically mean you have a claimable tax loss. HMRC focuses on ownership, disposal, and value, not personal usability.
In my opinion, the safest approach is clarity rather than assumption. Understand what has actually happened in legal and technical terms, gather evidence, and assess the position carefully.
From experience, the biggest mistake people make is assuming the tax position matches how the loss feels. In crypto, that is rarely the case.
Handled properly, even a bad situation can be managed. Handled emotionally or incorrectly, it often becomes much worse.
If you would like to explore related investing and crypto guidance, you may find Do I have to pay tax on crypto gifted from abroad and Do I have to pay tax on cryptocurrency in the UK useful. For broader investing context, visit our stocks and shares guidance hub.