H.R. 10357
Digital Asset Tax Certainty Act
Official summary
No official summary yet.
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
(a) In general. Section 864(b)(2) is amended—
(1) in the heading, by striking or commodities and inserting commodities, or traded digital assets,
(2) by redesignating subparagraph (C) as subparagraph (D) and by inserting the following new subparagraph after subparagraph (B):
(C) Traded digital assets
(i) In general. Trading in traded digital assets through a resident broker, commission agent, custodian, staking service provider, or other independent agent.
(ii) Trading for taxpayer’s own account. Trading in traded digital assets for the taxpayer's own account, whether by the taxpayer or his employees or through a resident broker, commission agent, custodian, staking service provider, or other agent, and whether or not any such employee or agent has discretionary authority to make decisions in effecting the transactions. This clause shall not apply in the case of a dealer in digital assets.
(iii) Coordination with rules for securities and commodities. A traded digital asset shall not be treated as a security or commodity for purposes of this paragraph.
, and
(3) in subparagraph (D), as so redesignated—
(A) by striking and (B)(i) and inserting , (B)(i), and (C)(i), and
(B) by striking or in commodities and inserting in commodities, or in traded digital assets.
(b) Effective date. The amendments made by this section shall apply to taxable years beginning after December 31, 2025.
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
VI Definitions; regulations; rules of construction
VII Full House Act