The U.S. crypto policy debate did not stop when the Senate failed to advance the CLARITY Act.
One day later, a separate crypto tax bill moved forward in the House.
On September 16, the House Ways and Means Committee voted 38--5 to advance H.R. 10357, the Digital Asset Tax Certainty Act.
The bill addresses a different problem from CLARITY. CLARITY focuses on market structure and regulatory jurisdiction. The tax bill focuses on how digital-asset transactions are treated under the tax code.
Small Transactions Are a Core Policy Problem
Under current tax rules, even small digital-asset transactions can create reporting obligations.
That can make routine crypto payments administratively inefficient.
The committee-approved bill includes relief for certain small network or transaction fees of \$10 or less.
The narrow size of the threshold is important. This is not a broad exemption allowing unlimited tax-free crypto spending. It is targeted relief intended to reduce reporting friction around very small transactions.
Mining and Staking Receive More Explicit Treatment
The bill would treat mining and staking income as ordinary income.
However, one unresolved issue remains the timing of income recognition.
That matters because staking rewards may be received continuously, may be illiquid at the time of receipt, or may fluctuate sharply in value before a taxpayer can sell them.
A rule that defines the tax category without fully resolving timing still leaves an important implementation question.
Wash-Sale Rules Would Move Closer to Traditional Markets
The legislation would extend existing anti-abuse concepts, including wash-sale rules, to digital assets.
Wash-sale rules generally prevent taxpayers from selling an asset to realize a tax loss and quickly buying back substantially the same exposure.
Applying those concepts to crypto creates closer alignment with traditional financial assets.
But implementation can be more complicated because crypto markets trade continuously across thousands of tokens, wrappers, pools and derivatives.
The Bill Also Creates a Voluntary Disclosure Path
The proposal directs the Treasury Department to establish a digital-asset voluntary disclosure program.
That could allow eligible taxpayers to amend previous returns and resolve tax obligations under a more structured framework.
For regulators, the objective is to bring more activity into compliance. For users, the value would depend on final eligibility rules, penalties and documentation requirements.
This Is Not Yet Law
The 38--5 committee vote advances the bill. It does not enact it.
The measure still faces further legislative steps, and timing is uncertain.
Users should therefore not change tax reporting behavior based on the proposal alone. Current law remains in effect unless and until legislation is enacted and implemented.
Why It Matters
Crypto tax policy is moving from enforcement after the fact toward more explicit operating rules.
Retail users need to know whether small payments create reportable events.
Stakers and miners need to know when and how income is recognized.
Professional traders need rules around wash sales, mark-to-market accounting and loss recognition.
A workable framework can reduce ambiguity even if it also closes strategies that existed because crypto sat outside older tax language.
Risks and Counterarguments
The proposal is still subject to amendment.
Some lawmakers support broader relief for everyday crypto transactions, while others have criticized parts of the bill or its distributional effects.
The staking-income timing issue also remains unresolved in the committee-approved version.
Implementation by Treasury and the IRS would matter as much as the statutory text.
What to Watch Next
Watch whether the full House takes up H.R. 10357, whether the Senate Finance Committee develops parallel legislation, and whether the small-transaction threshold or staking provisions change.
Also watch for final language on wash sales, mark-to-market accounting and the voluntary disclosure program.
FAQ
What is the Digital Asset Tax Certainty Act?
H.R. 10357, a proposal to clarify several areas of U.S. tax treatment for digital assets.
What was the committee vote?
The House Ways and Means Committee advanced the bill by a 38--5 vote on September 16, 2026.
Does the bill create a general tax-free crypto spending exemption?
No. The committee-approved text includes limited relief for certain small network or transaction fees.
How does it treat staking and mining?
The bill treats mining and staking rewards as ordinary income, while timing of recognition remains an important issue.
Is the bill already law?
No. It must complete the legislative process before becoming law.