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House Ways and Means Committee Eyes Digital Asset Tax Overhaul

House tax writers are reportedly preparing for a September 16 markup session to weigh two legislative proposals that would reshape federal taxation for crypto miners, stakers, and traders. While the committee has yet to publish an official agenda, the potential measures target income deferral and anti-abuse restrictions.

House Ways and Means Committee Eyes Digital Asset Tax Overhaul

The proposed legislation, introduced in June by Representatives Mike Carey and Jodey Arrington, addresses distinct segments of the tax code. H.R. 9175, the Tax Clarity for Mining and Staking Act, seeks to establish an elective income-deferral system for rewards. This would allow taxpayers to postpone recognizing the value of newly generated tokens as ordinary income until they are sold or disposed of. Conversely, H.R. 9172 aims to modernize tax enforcement by applying wash-sale and constructive-sale rules—currently standard for traditional securities—to digital assets. This would prevent traders from claiming immediate tax losses on tokens while simultaneously repurchasing substantially identical assets.

The fiscal impact of these changes remains a focal point for lawmakers. According to nonpartisan estimates from the Joint Committee on Taxation, the mining deferral bill could reduce federal revenue by $2.956 billion over the next decade, while the wash-sale restrictions are projected to raise $2.074 billion over the same period. Despite reports circulating about potential Republican amendments, such as limiting the mining deferral to five years, no official substitute text has been released. As of September 14, the committee’s public calendar remained silent on the meeting, leaving the final scope of the debate and the list of amendments subject to change until an official notice is issued.

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