Wash sale rule for crypto - does it actually apply now?

I publish illustrative scenarios prepared by my practice. All participants and conversations are fictional. The fictional posts are not posts by real users, accounts of client experiences, or reports of actual results.
Illustrative scenario prepared by my practice.
Tax laws are complex and jurisdiction-specific. This is not tax advice. Consult a tax professional for your situation.
Hypothetical question

English isn't my first language so bear with me. Been tax loss harvesting BTC and ETH pretty aggressively. Sell at a loss, wait a day, rebuy to maintain exposure.

My accountant mentioned the wash sale rule. I thought crypto was exempt from this since it's property not securities? Anyone know the actual IRS position on this in 2025?

Illustrative response

Ngl thanks for this thread - super helpful as I'm doing my 2025 taxes right now. Didnt realize I could still harvest losses aggressively last year. At least I have that info for going forward.

Question - do these rules apply differently to mined crypto vs purchased crypto? I mine ETH and wondering if the cost basis calc changes anything haha.