The United States has taken another step toward creating a dedicated federal tax framework for digital assets.
On September 16, 2026, the House Ways and Means Committee approved the Digital Asset Tax Certainty Act (H.R. 10357) by a 38-5 vote, moving the legislation out of committee and making it eligible for consideration by the full House.
The proposed legislation covers several areas of cryptocurrency taxation, including transaction fees, stablecoins, wash-sale rules, crypto lending, mining, staking and broker reporting.
However, the committee vote does not mean the bill has become law. It would still need to pass the full House and Senate in identical form before it could reach the president.
What Is the Digital Asset Tax Certainty Act?
The Digital Asset Tax Certainty Act is designed to establish clearer rules for how digital assets are treated under the U.S. tax code.
The legislation aims to address several areas that have created uncertainty for cryptocurrency users, traders and businesses.
Among its proposed provisions are rules covering:
- cryptocurrency transaction fees;
- stablecoins;
- wash sales;
- constructive sales;
- crypto lending;
- mining;
- staking;
- digital asset brokers;
- reporting requirements;
- charitable contributions of digital assets.
The bill also includes provisions intended to create tax treatment for certain digital assets that is more comparable to existing rules for traditional financial assets.
What the 38-5 Vote Means
The 38-5 vote took place during a Ways and Means Committee markup on September 16.
The result means that H.R. 10357 has cleared the committee stage and can potentially move toward consideration by the full House.
It is important to distinguish this from final passage.
The bill still needs to go through additional legislative steps, including consideration in the House and Senate. Both chambers would ultimately need to approve identical legislation before it could be sent to the president.
The committee's approval therefore represents progress in the legislative process, rather than a completed change to U.S. cryptocurrency tax law.
Proposed $10 Crypto Fee Exception
One of the provisions attracting attention is a proposed exception for certain small cryptocurrency network and transaction fees.
Under the committee-approved text, taxpayers generally would not recognize a gain or loss when using digital assets to pay qualifying network or transaction fees of up to $10.
The proposal is designed to address a practical problem with small crypto transactions.
Under existing federal tax treatment, using cryptocurrency can potentially constitute a taxable disposal because digital assets are generally treated as property for federal tax purposes.
The proposed exception would apply specifically to qualifying fees rather than creating a general tax exemption for everyday cryptocurrency purchases.
Certain categories of taxpayers and high-volume users could also be excluded from the provision under the bill's proposed rules.
Stablecoins Receive Specific Tax Treatment
Stablecoins are another major component of the proposed legislation.
The bill introduces specific rules for qualifying transactions involving U.S. dollar-denominated stablecoins.
These assets are designed to maintain a relatively stable value against the U.S. dollar and are widely used for trading, payments, transfers and liquidity within cryptocurrency markets.
The proposed framework would provide additional clarity around the tax treatment of certain stablecoin transactions.
This could be particularly relevant for users and businesses that use stablecoins for frequent transactions rather than primarily as investment assets.
Crypto Wash-Sale Rules Could Change
The legislation would also extend wash-sale rules to certain digital assets.
Under current U.S. tax rules, statutory wash-sale restrictions apply to securities but do not cover digital assets in the same way.
This has allowed a taxpayer to potentially sell a cryptocurrency at a loss and repurchase it shortly afterward while still claiming the realized loss under the current framework.
The proposed legislation would remove that distinction for digital assets covered by the new rules.
If enacted, cryptocurrency investors would need to pay closer attention to the timing of sales and repurchases when calculating taxable losses.
Mining and Staking Are Included
The bill also addresses the tax treatment of cryptocurrency mining and staking.
Mining and staking are fundamental parts of many blockchain networks.
Under existing IRS guidance, mining and staking rewards are generally treated as ordinary income when a taxpayer obtains control of the assets.
A later sale can create a separate capital gain or loss depending on how the asset's value has changed.
The proposed legislation would establish additional rules around the source and character of income generated through mining and staking activities.
It also includes provisions involving investment trusts that participate in digital asset staking.
Crypto Lending and Trading Rules
The proposed framework goes beyond individual investors.
H.R. 10357 also includes provisions related to:
- digital asset lending;
- dealers and traders;
- trading safe harbors;
- partnerships;
- foreign entities;
- investment companies;
- charitable contributions.
Some stablecoin lending arrangements could receive specific treatment as debt for federal tax purposes.
The broader goal is to create a more structured tax framework covering different types of digital asset activity.
Broker Reporting Could Also Change
Another important part of the proposal concerns digital asset brokers and reporting requirements.
Cryptocurrency users already face record-keeping obligations related to the cost basis and fair market value of assets involved in taxable transactions.
Broker reporting has also expanded through Form 1099-DA, increasing the amount of transaction information that can be reported to the Internal Revenue Service.
The proposed legislation would revise certain broker requirements and establish additional rules for digital asset reporting.
For crypto users, this could make accurate transaction records increasingly important.
Proposed Voluntary Disclosure Program
The bill would also establish a voluntary disclosure framework specifically focused on digital assets.
Eligible taxpayers could potentially use the program to correct certain previous cryptocurrency reporting failures.
The proposal would direct the Treasury Department to study the framework and provide further reporting on its implementation.
Such a mechanism could become relevant for taxpayers who previously had difficulty determining how their digital asset activity should have been reported.
What Could the Bill Mean for Crypto Users?
If the legislation eventually becomes law, its effects could extend across several parts of the cryptocurrency ecosystem.
For individual users, the most visible changes could involve:
- small transaction fees;
- reporting requirements;
- taxable crypto sales;
- stablecoin transactions;
- wash-sale rules;
- mining income;
- staking income.
For businesses, the impact could extend to broker reporting, lending, trading activities and accounting practices.
However, the exact effects would depend on the final legislation approved by Congress.
The Bill Comes After the CLARITY Act Vote
The House committee vote took place one day after the Senate rejected a procedural motion related to the CLARITY Act.
On September 15, the Senate voted 49-50 on cloture for the motion to proceed to H.R. 3633, the CLARITY Act. The motion failed to reach the three-fifths threshold required to advance the measure at that stage.
The CLARITY Act focuses primarily on the regulatory structure for digital assets and the respective roles of the Securities and Exchange Commission and Commodity Futures Trading Commission.
The Digital Asset Tax Certainty Act has a different focus: taxation.
The two legislative efforts therefore address separate parts of the broader U.S. cryptocurrency policy framework.
What Happens Next?
The committee approval is only one stage of the legislative process.
The next steps could include consideration by the full House, possible amendments and further negotiations.
If the House approves a version of the bill, the Senate would then need to consider it.
For legislation to reach the president, the House and Senate would ultimately need to agree on identical text.
This means that the provisions approved by the Ways and Means Committee could still change during the remaining stages of the process.
Why the Vote Matters for the Crypto Industry
Tax treatment has become an increasingly important part of cryptocurrency regulation.
Digital assets can be used for investing, payments, trading, lending, staking and other activities, creating tax questions that do not always fit neatly into traditional financial rules.
The committee-approved bill attempts to address several of these issues within a single framework.
The proposal could therefore become an important reference point for how U.S. lawmakers approach cryptocurrency taxation, even though it has not yet become law.
For the crypto industry, the key issue now is whether the proposal can progress through the remaining stages of Congress and what changes lawmakers may make along the way.
What Crypto Users Should Watch
Several elements of the proposed legislation deserve attention as the process continues:
The $10 Fee Exception
Watch whether the proposed treatment of qualifying small network and transaction fees survives future legislative changes.
Wash-Sale Rules
The potential extension of wash-sale restrictions to digital assets could affect how investors manage cryptocurrency losses.
Mining and Staking
The final treatment of mining and staking income could be particularly important for participants who earn crypto through network activity.
Stablecoin Rules
Specific tax treatment for qualifying dollar-denominated stablecoins could influence how businesses and users handle these assets.
Broker Reporting
Changes to reporting requirements could affect the information exchanges and other digital asset brokers provide to taxpayers and the IRS.
Conclusion
The U.S. House Ways and Means Committee has advanced the Digital Asset Tax Certainty Act in a 38-5 vote, moving a broad cryptocurrency tax proposal beyond the committee stage.
The bill addresses several areas of digital asset taxation, including a proposed $10 exception for qualifying transaction fees, stablecoins, wash sales, mining, staking, lending and broker reporting.
The legislation is not yet law, and additional congressional action would be required before any of its provisions could take effect.
For cryptocurrency users and businesses, the next stages of the legislative process will be important to watch as lawmakers determine whether the proposed framework moves forward and what changes may be made to its current text.
This article is for informational purposes only and does not constitute financial or investment advice.
