House Ways and Means Committee Advances Crypto Tax Bill
Quick Look
- The House Ways and Means Committee approved the Digital Asset Tax Certainty Act, sending H.R.
- 10357 to the full House for consideration.
- The bill aims to simplify crypto taxation by exempting small transaction fees, treating mining rewards as ordinary income, and extending wash-sale rules to digital assets, while preserving tax status for certain staking activities.
AI-generated summary
Why It Matters
The House Ways and Means Committee marked up the Digital Asset Tax Certainty Act (H.R. 10357) after over a year of bipartisan negotiation. The bill follows a Senate failure to advance the Clarity Act on crypto market oversight, prompting regulators to act under existing authority.
The House Ways and Means Committee approved the Digital Asset Tax Certainty Act Wednesday, sending a proposal to overhaul crypto taxation to the full House.
The committee announced the markup on Monday, scheduling the session for lawmakers to review H.R. 10357, consider amendments and vote on whether to send it to the full House.
“This wasn’t built overnight,” committee Chairman Rep. Jason Smith (R-Mo.) said in a statement, crediting more than a year of bipartisan work.
“The legislation before us today is the product of that work, bringing clarity, parity, and workability to digital asset taxation and helping keep the United States the crypto capital of the world, instead of pushing that innovation, and the jobs that come with it, offshore,” Smith said.
For crypto users, the proposal would remove gain-or-loss calculations on qualifying network or transaction fees of $10 or less. Paying those fees with tokens can trigger tax accounting because digital assets are treated as property. The relief would begin in 2028 and apply to eligible fee payments, not small crypto purchases generally.
The bill would simplify tax calculations for qualifying dollar stablecoins traded near their redemption value, classify mining and staking rewards as ordinary income, and allow certain investment trusts to stake assets without losing their tax status solely for doing so. It excludes an earlier proposal to let taxpayers defer recognition of some mining and staking rewards.
It would also extend wash-sale rules to traded digital assets, generally delaying loss deductions when investors acquire substantially identical assets within 30 days before or after selling. Qualifying crypto loans would not be treated as sales, and eligible taxpayers could correct past returns through a new disclosure program, according to the Joint Committee on Taxation.
The tax bill advanced a day after the Senate failed to move forward with the separate Clarity Act, which addresses crypto market oversight. The SEC and CFTC have since pledged to pursue crypto rules under their existing powers.
The tax proposal still requires approval from both chambers in identical form and the president’s signature before becoming law.
“I look forward to building on that work as we move these policies forward,” Smith said.
What to Watch
AI outlook — possibilities, not facts
The full House will vote on H.R. 10357 in the coming weeks.
Likely · Within weeks
The SEC and CFTC will continue to pursue crypto regulation under their existing authorities.
Very likely · Within months
Open Questions
- Will the full House and Senate pass identical versions of the bill?
- How will the IRS implement the new disclosure program for past returns?
- What constitutes a 'qualifying crypto loan' under the wash-sale rule extension?







