H.R. 10357
Digital Asset Tax Certainty Act
Official summary
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Text of the bill
I Removing tax barriers to the use of digital assets as a medium of exchange
II Providing parity between digital assets and comparable traditional financial assets
III Applying existing tax anti-abuse rules to digital assets
IV Clarifying the tax treatment of mining and staking
V Ensuring that owners and users of digital assets face an appropriate tax compliance burden
(a) In general
(1) Exception for qualified U.S. dollar stablecoins acquired at redemption value. Section 6045(g)(3)(D) is amended to read as follows:
(D) Specified digital asset. The term specified digital asset means any digital asset other than a qualified U.S. dollar stablecoin the customer’s basis in which at the time of acquisition is at least 99.5 percent of such stablecoin’s redemption value (as defined in section 1063(d)).
(2) Conforming amendments
(A) Section 6045(c)(1)(D) is amended by striking digital assets and inserting specified digital assets.
(B) Subparagraph (B)(iv) and subparagraph (C)(iii) of section 6045(g)(3) are each amended by striking digital asset and inserting specified digital asset.
(C) Section 6050I(d)(3) is amended by striking (as defined in section 6045(g)(3)(D)).
(3) Transition rules. The Secretary of the Treasury, or the Secretary’s delegate, may, consistent with the purposes of section 6045(g) of the Internal Revenue Code of 1986—
(A) provide temporary safe harbor rules for brokers that address periods before the date that is 18 months after the issuance of final regulations or other guidance under section 1063(e) of such Code, and
(B) provide rules that allow brokers to treat, for purposes of section 6045(g)(3)(D) of such Code (as amended by this section), the customer’s basis in a qualified U.S. dollar stablecoin (as defined in section 7701(p)(7) of such Code) at time of acquisition as being equal to the redemption value (as defined in section 1063(d)) of such stablecoin if—
(i) such stablecoin was acquired before the date that is 18 months after the issuance of final regulations or other guidance under section 1063(e) of such Code, and
(ii) the customer’s adjusted basis (determined in accordance with section 6045(g)(2)(B) of such Code) in such stablecoin as of the later of— is at least 99.5 percent of such redemption value.
(I) December 31, 2026, or
(II) the date that such stablecoin first became a qualified U.S. dollar stablecoin (as so defined),
(b) Special rules for digital assets used to pay de minimis digital asset fees. Section 6045(g) is amended by adding at the end the following new paragraph:
(7) Special rules for digital assets used to pay de minimis digital asset fees
(A) In general. Except as otherwise provided by the Secretary, in the case of the disposition of a digital asset with respect to which no gain or loss is recognized by reason of section 1044(a)—
(i) except as provided in clause (ii), subsection (a) shall not apply to such disposition, and
(ii) the broker shall include in a return under subsection (a) such aggregate information relating to such dispositions of the taxpayer as the Secretary determines necessary or appropriate, including for purposes of verifying the taxpayer’s basis in digital assets held by the taxpayer.
(B) Application of de minimis exception. If the broker has been notified by the taxpayer or the Secretary that the exception described in section 1044(f)(1)(B) applies to such taxpayer, the broker may treat such exception as continuing to apply with respect to such taxpayer for any calendar year (hereafter in this subparagraph referred to as the current calendar year) unless—
(i) such taxpayer had more than 5,000 digital asset transactions with such broker during any of the 5 preceding calendar years and the taxpayer has not notified the broker that such exception applies to such taxpayer for the current calendar year,
(ii) such taxpayer or the Secretary notifies such broker that such exception does not apply to such taxpayer, or
(iii) such broker otherwise knows, or has reason to know, that such exception does not apply to such taxpayer.
(c) Special rules for simplified accounting for widely traded digital assets. Section 6045(g), as amended by subsection (b), is amended by adding at the end the following new paragraph:
(8) Special rules for simplified accounting for widely traded digital assets
(A) In general. Except as otherwise provided by the Secretary, in the case of widely traded digital assets with respect to which an election under section 1051 applies—
(i) except as provided in clause (ii), subsection (a) shall not apply to dispositions of such assets, and
(ii) the broker shall include in a return under subsection (a) such information with respect to each designated type of such assets (within the meaning of section 1051) as the Secretary may provide, including—
(I) aggregate reporting with respect to sales, exchanges, dispositions, and acquisitions of assets of such designated type (including net gain or loss thereon),
(II) the fair market value of assets of such designated type held by the taxpayer as of the beginning and end of the calendar year, and
(III) such other information as the Secretary may require with respect to assets of such designated type for purposes of the administration of section 1051.
(B) Determination of election based on broker notification. For purposes of subparagraph (A), the broker shall take into account any election under section 1051 (and any revocation of such election) if (and only if) the taxpayer or the Secretary notifies such broker of such election (or revocation) or such broker otherwise knows, or has reason to know, of such election (or revocation).
(d) Effective date. The amendments made by this section shall apply to returns required to be filed, and statements required to be furnished, after December 31, 2027.
VI Definitions; regulations; rules of construction
VII Full House Act