- The House Ways and Means Committee will consider H.R. 10357 on Wednesday, omitting a provision that would have allowed miners and stakers to defer tax on rewards until sale.
- The package retains some mining/staking benefits, including income sourcing rules and trust status protections, while taxing validator rewards as ordinary income.
- It includes new rules for network fees up to $10, qualifying dollar stablecoins, digital asset loans, wash sales, and a voluntary disclosure program.
The House Ways and Means Committee is set to mark up the 114-page Digital Asset Tax Certainty Act (H.R. 10357) on Wednesday, a package that notably excludes a provision from Representative Mike Carey’s Tax Clarity for Mining and Staking Act introduced in June. That omitted measure would have allowed taxpayers to elect between recognizing newly created tokens as income upon receipt or treating them like self-created property, paying tax only at sale.
Without this deferral mechanism, miners and stakers must continue recognizing rewards as taxable income when received or brought under their control, potentially creating a liquidity burden before any cash is realized. The bill does, however, retain several related provisions, including classifying validator income as ordinary, establishing its US or foreign source, and permitting qualifying investment trusts to stake assets without losing trust status.
Consequently, the package introduces a de minimis exclusion preventing taxpayers from recognizing gains or losses when crypto pays network or transaction fees up to $10. It also proposes special tax treatment for qualifying US dollar stablecoins and allows qualifying digital asset loans to occur without triggering taxable sales.
Meanwhile, the legislation offers simplified accounting for widely traded crypto assets and extends wash-sale and constructive-sale rules to digital assets. A voluntary disclosure program is included for taxpayers seeking to correct prior digital asset tax violations, according to the committee’s markup notice.
This House action coincides with Senate consideration of the CLARITY Act, which would determine how the SEC and CFTC divide oversight of the US crypto market. In June, the committee circulated seven crypto tax drafts ahead of a hearing, addressing stablecoins, mining, staking, and reporting burdens, as detailed in the full bill text.
The Blockchain Association, Crypto Council for Innovation, and Digital Chamber had urged Congress to pass Carey’s original legislation, arguing that taxing rewards before sale creates liquidity problems for miners and stakers. They also opposed an amendment that would have limited any deferral to five years.
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