Digital Asset Tax Certainty Act: Wash Sales, Fees and Staking
The House Ways and Means Committee advanced a crypto tax bill 38-5. What it says on wash sales, fees, stablecoins and staking, and whether it can become law.
Key takeaways
- The Digital Asset Tax Certainty Act passed the House Ways and Means Committee 38-5 on September 16, 2026. It still needs the full House, the Senate and the president's signature.
- As described by Congress's tax staff, the bill's wash sale rule would apply to sales after September 14, 2026, the day the bill was introduced, not only after it becomes law.
- The bill would remove gain or loss recognition on small crypto network fees and routine qualified dollar stablecoin transactions, with both rules starting on later dates.
- Staking and mining rewards would be ordinary income, but the bill does not settle when those rewards count as income.
- Three logs are worth keeping whatever happens to the bill: every buy, every staking or mining reward, and every loss sale with any repurchase within 30 days either side.
The Digital Asset Tax Certainty Act, H.R. 10357, is a crypto tax bill that the House Ways and Means Committee approved 38-5 on September 16, 2026. It would bring the wash sale and constructive sale rules to crypto, ease taxes on tiny network fees and routine stablecoin use, and treat staking rewards as ordinary income. It is not law.
For anyone who holds XRP or other coins and plans to sell at some point, one detail matters most. Congress’s own tax staff describe the bill’s wash sale rule as reaching sales made after the day the bill was introduced, September 14, 2026, not only after it becomes law. The Bullrunners video covers what the bill contains, whether it can pass, and three records worth keeping either way. It is education, not tax advice.
What did the House committee vote on?
The House Ways and Means Committee, which writes tax law in the House, voted 38-5 at a September 16, 2026 markup to send the Digital Asset Tax Certainty Act forward. A markup is the meeting where a committee goes through a bill, makes changes and votes on whether to advance it. PwC reports that all of the committee’s Republicans and 12 of its Democrats voted for it.
Committee chairman Jason Smith said the bill “would be the first-ever federal law to address the substantive tax treatment of cryptocurrencies.” He also called it a historic moment for the committee. The video stresses that the bill is not law yet. A committee vote is the first of several steps. The full House and the Senate both have to pass the same text before the president can sign it.
Why follow a bill that may never become law? According to the video, the vote shows which way lawmakers are leaning. The host treats the bill as a preview, not a promise.
What is in the crypto tax bill?
The clearest guide is the plain-language description of the bill from the Joint Committee on Taxation, Congress’s tax staff. It was published on September 14, 2026, two days before the vote. The video groups the bill’s contents into five buckets.
| Bucket | What it covers | Who it mainly affects |
|---|---|---|
| 1. Using crypto to pay | Small network fees and routine stablecoin transactions | Anyone who moves coins or uses stablecoins |
| 2. Treating crypto like stocks | Mark-to-market election, lending and charity donations | Traders, dealers, lenders and donors |
| 3. Anti-abuse rules | Wash sale and constructive sale rules | Holders who sell at a loss |
| 4. Mining and staking | Rewards taxed as ordinary income | Stakers and miners |
| 5. Paperwork | A program to fix past reporting with reduced penalties | People who missed reporting crypto |
A separate provision on gambling losses sits at the end of the bill. It has nothing to do with crypto.
Would small crypto fees and stablecoin payments still be taxable?
Under the bill, paying a tiny network fee in crypto would no longer count as a taxable sale. The video, citing the accounting firm Forvis Mazars, puts the limit at $10 or less per fee. The committee’s own one-page summary describes it as under $10. The rule would apply only to sales after December 31, 2027.
The video explains why this matters. The IRS says paying for something with crypto can create a gain or loss you have to report. The tax staff note that current rules can also treat paying a network fee in crypto as a sale. That means even small fees can leave a trail of small tax records.
The bill also has a rule for dollar stablecoins. According to the video, routine transactions in qualified dollar stablecoins would not create a gain or a loss. Under the tax staff’s description, that rule would start with the tax year after the end of 2026.
How would the bill treat crypto like stocks?
The second bucket lines crypto up with rules that already apply to stocks and other financial assets. Professional traders and dealers could choose mark-to-market accounting, which counts gains and losses at year end as if everything had been sold. The video stresses that this is aimed at traders and dealers, not at people who simply hold.
The bill also covers lending crypto and donating it to charity, so those moves would work more like they do with stocks. Today a special rule keeps a stock loan from counting as a sale. The bill would extend that rule to certain crypto loans.
What does the crypto wash sale rule mean for holders?
The video says the wash sale rule is the part of the bill most likely to affect an ordinary holder’s money. In plain English: if you sold a coin at a loss and bought the same coin, or one nearly the same, within 30 days before or after the sale, the loss would be put on hold instead of counting right away. Qualified US dollar stablecoins are excluded from the rule.
The video uses a made-up example with round numbers:
- You pay $10,000 for a coin.
- You later sell it for $7,000, a $3,000 loss.
- Ten days later, you buy the same coin back.
- Under the bill as described, that $3,000 loss would be put on hold instead of lowering your taxes that year.
According to the video, the rule targets one move: selling at a loss for the tax break and buying straight back, so you never really leave the position.
The timing is the detail to note. The tax staff description says the wash sale rule would apply to sales after the day the bill was introduced, September 14, 2026, not only after it becomes law. If the bill passes as written, it could reach sales made before it became law. If you are thinking about how to cash out crypto, this is worth raising with a tax professional.
The second anti-abuse rule is the constructive sale rule. It covers ways of locking in a gain without technically selling. The video says buy-and-hold investors are less likely to run into it, but the name is worth knowing.
How would staking and mining rewards be taxed?
Summaries of the bill say staking and mining rewards would count as ordinary income. That means they would be taxed like regular income, not like an investment gain.
There is a gap. PwC says the bill does not address when staking and mining rewards count as income. So the question of when a reward is taxed would stay open even if the bill passes.
The fifth bucket covers paperwork, including a program that lets people come forward and fix past crypto reporting with reduced penalties. The video suggests that anyone who missed reporting crypto in past years follow this part and discuss it with a tax professional.
Can the Digital Asset Tax Certainty Act become law?
Passage is possible, but nothing is scheduled. The House is not due back in session until November 9, after the November 3 midterm elections. The video cites Grant Thornton and Accounting Today on the timing. That leaves the lame duck session, the weeks after an election before new members take their seats.
The outside views differ:
- Accounting Today, according to the video, wrote that the bill probably will not pass both the House and the Senate this term, though it could come back next year.
- Grant Thornton was more hopeful in a September 22 note, written before the election. It said bipartisan support could give the bill momentum in the lame duck session. The video also says the firm pointed to crypto tax rules riding along with a larger financial rules deal if Congress strikes one.
- Forvis Mazars, according to the video, calls the path through the full House and Senate uncertain.
- BDO, writing after the election, said Democrats will control both chambers in 2027 and now look more likely to wait until then to negotiate a final version.
The host, speaking before the election, offered a test for his own cautious view. If the full House votes this year and the Senate takes up the same text, he was too cautious. If the bill sits until the new Congress, the committee vote was a starting point, not a finish line. He also warns that bills can change before a final vote. Treat the current version as a draft to watch, not a rule to follow.
The three logs worth keeping either way
Whatever happens to the bill, the video argues that clean records are the part holders can control. The test: if an accountant asked for your records tomorrow, could you hand them over?
- Every buy: the date, how much you bought, what you paid and the fees.
- Every staking or mining reward: the date, the coin, the amount and its dollar value that day. Your tax professional can tell you how that value counts. The log makes sure you have it.
- Every sale at a loss: the sale itself, and whether you bought the same coin back within 30 days either side.
If you use more than one exchange or wallet, keep the logs in one place rather than spread across several apps. If any log is empty or messy, the video says that is your first job, ahead of the bill. For a fuller approach, Bullrunners has a five-stage system for XRP tax records. There is also an explainer on how cost basis works on Form 1099-DA, which is another reason your own buy log matters.
What to watch next
Since the election, the timeline looks longer. BDO’s post-election note suggests Democrats may wait until 2027 to negotiate a final version. It also names the December 11 government funding deadline as a possible vehicle for tax provisions, including digital assets. Watch whether any crypto tax language appears in that funding bill. If H.R. 10357 does not pass before this Congress ends, it would have to be reintroduced. A new version could change key details, including the September 14, 2026 wash sale start date, the fee limit and the stablecoin rule. In the meantime, the bill is a good prompt to get your three logs in order. Take any questions about past reporting or loss sales to a tax professional.
Frequently asked questions
Is the Digital Asset Tax Certainty Act law?
No. The House Ways and Means Committee approved it 38-5 on September 16, 2026, and that is only the first step. The full House and the Senate must pass the same text, and the president must sign it.
Would the wash sale rule apply to crypto under this bill?
It would if the bill becomes law as written. If you sold a coin at a loss and bought the same or a nearly identical coin within 30 days before or after, the loss would be put on hold instead of lowering your taxes that year. Qualified US dollar stablecoins are excluded.
When would the crypto wash sale rule start?
According to the Joint Committee on Taxation's description, it would apply to sales after the day the bill was introduced, September 14, 2026. If the bill passes as written, that could reach sales made before it became law.
How would staking rewards be taxed under the bill?
Summaries of the bill say staking and mining rewards would count as ordinary income. That means they would be taxed like regular income, not as an investment gain. PwC notes the bill does not address when those rewards count as income, so timing is still an open question.
Would small crypto network fees still be taxable?
The video, citing Forvis Mazars, says paying a network fee of $10 or less in crypto would not count as a taxable sale, for sales after December 31, 2027. The committee's own summary describes the limit as under $10.
Full video transcript
From the video's captions, lightly formatted. Captions can mishear names and numbers, so check figures against the article above.
38 to5. Now, that's how the House Tax Committee voted in September to move a crypto tax bill forward. So, what actually is in this crypto tax bill? Well, one headline says your crypto taxes are about to drop and another says crackdown is coming and you're left there second guessing every sale you made this year, right? Well, that is not bad luck.
It's not having a simple system for your own records. And and the headlines skip the one part you can actually control. Now guys, if you have a serious position, right, $50,000 or more, then stick around because I'll end with three simple logs worth keeping no matter what happens to this bill. As always, this is education. This is not tax advice.
So, for your own situation, please talk to a tax professional. All right, here's the plan. What the committee voted on, what's in the bill, and whether it can actually become law is what I'm going to cover. And if you're feeling bullish, like this video, and let's get into it. [music] All right, board runners. So, the basics first, right?
The bill is called the Digital Asset Tax Certainty Act. It's a number in the House in HR 10,357. So, it went through the Ways and Means Committee, which is the House Committee that writes the tax law. I know it's a lot of words, but the September meeting was what Congress calls a markup. Now, that's where a committee goes through a bill, makes changes, and then votes on whether to send it forward.
On September the 16th, the committee approved it 38 to 5. Now, that's a clear result for a committee vote, but it's still only the first step of several. The committee's chairman, Jason Smith, called it the first ever federal law to address the subst the substantive tax treatment of cryptocurrencies. He also called it a historic moment for the committee. But hold on to one word there, law.
It isn't a law, right? A committee vote is the first step, and it still needs a full house, the Senate, and a signature from the president. And as Decrypt points out, both chambers have to pass it in identical form. So my question is why should a holder care about a bill that is not a law? Well, it shows which way lawmakers are leaning and members of both parties voted for it.
Now a draft is a preview. It's not a promise and that's how we'll treat it today, right? So the question probably is what's actually written inside it? Well, the best map of a bill is the plain description written by Congress's own tax staff, the joint committee on taxation. They published it on September 14th, 2 days before the vote.
Its contents page splits the bill into big buckets, right? and we'll go through the ones that matter most to holders. Bucket one, that's about using crypto to pay for things. The tax staff describes a rule where paying for a tiny network fee in crypto wouldn't count as a taxable sale. The accountant firm Forvis Marzos actually puts the limit at $10 or less per fee. And it actually wouldn't start until sales after the end of 2027.
So, here's why that small rule gets attention. Today, the IRS says that paying for something with crypto can mean a gain or a loss you have to report. The tax staff note the current rules can treat paying a network fee in crypto as a sale too. This means that even small fees can leave you with small tax records to track. There's also a rule for dollar stable coins.
For Vvis Maza says routine transactions in qualified dollar stable coins genuinely wouldn't create a gain or a loss. Under the taxed staff's description, that one would start with the tax year after the end of 2026. Now, bucket two is about treating crypto more like stocks and other financial assets. For example, professional traders and dealers could choose a method called marktomarket where gains and losses are counted at year end as if everything was sold. Now, that's aimed at traders and dealers.
It's not at someone who simply holds. If you buy, hold, and sometimes sell, well, the next bucket is the one that's more likely to touch you. There are also rules, guys, for lending crypto and donating crypto to charities. So, they work more like the same moves with stocks, right? Today, a special rule for lending stocks keeps a loan itself from counting as a sale.
The bill would stretch that rule to cover certain crypto loans as well. Now, bucket three is the one I'd pay more attention to. It applies two anti-abuse rules from the stock that would to crypto, which brings us the piece of the bill most likely to reach your own money. The first is called the wash sale rule. Now, here's the plain English version.
Say you sell a coin at a loss and you buy the same coin or one that's nearly the same, well, within 30 days or after, then the loss would be put on hold instead of counted right away. Here's a madeup example with round numbers, right? Say you paid $10,000 for a coin and later sold it $7,000 or $3,000 loss. Then 10 days later, you bought the same coin back. Under the bill as described, that loss would be put on hold instead of lowering your taxes that year.
The rule is aimed at one simple move, selling at a loss for the tax break and buying right back so you never really leave. Now, Decrypt and Forvis actually describe it that way. And the tax staff description says it would apply the sales after the day the bill is introduced, not just after it becomes law. So if passed as written, it could reach more sales before it became law. And the second rule is called constructive sales sale.
Constructive sale rule, which covers ways of locking in a game without technically selling. So if you only buy and hold, this one is less likely to come up, but it's worth knowing the name. Bucket four is mining and staking, right? For this and other summaries say rewards would count as ordinary income, which means they're taxed like regular income, not like an investment game. But here's a gap that matters.
PWC says the bill does not address when staking and mining rewards count as income. So when a reward is taxed, it's still open question. Bucket five is about paperwork including a program for people to come forward and fix past crypto reporting with reduced penalties. If you've missed reporting crypto in the past years, then that's the part worth watching and it's a question for your tax professional. And tucked in at the end, there's a separate piece of gambling losses which isn't about crypto at all.
If you're hearing this and thinking I've been doing this wrong, well, I never log my staking and rewards or which sales were losses. You're not alone. Prices update every second on your phone, but your records only update when you sit and make them. Try this simple test. If an accountant asked for your records tomorrow, could you hand them over?
Getting organized like that is the kind of work our members do inside our private intelligence network. It actually starts with research our team shares with members before it reaches this channel, like breaking down bills, such as this one. They also weigh what to do with crypto that sits idle and when can go wrong with each choice, plus weekly chart lessons and live coaching. Now, there is hands-on help with security and self-custody, so you know which coins you can control and which company holds for you. And the network makes it stronger.
So, a group of serious long-term holders who compare notes before they act. Now, picture this, right? Tax season comes and instead of scrambling, you hand your tax professional a clean record of every coin. If you'd like a hand with a setup side, the first link is in the description, guys. It goes to Altcoin Pro, the company that Nick co-founded.
We'll do a free review of how your crypto is set up, where it's held, how concentrated you are, and what's sitting idle. Click the first link in description, watch a free briefing, and book your free portfolio review. We never ask for seed phases or passwords, and we're not your tax preparer, so tax questions still go to a tax professional. If it doesn't fit your situation, we'll tell you so on the call. Now, Crypto Car's risk of past performance does not guarantee future ones.
This is education, not financial advice. But I do want to talk to you about whether this bill can actually become law before I finish. All right. First, the calendar. Grant Thornton account another accounting firm notes the House isn't scheduled to be back in session until November 9th after November 3rd midterm elections.
Now Accountant today reported the same that the House isn't expected until the second week of November. That leaves the stretch after the election which people call the lame duck session before a new Congress starts. A lame duck session is just the weeks after an election before the new members take their seats. Accountant today wrote that the bill probably will not pass both the House and the Senate in terms though it could come back next year. Grant Thornton is a bit more hopeful, saying the bipartisan support could give it momentum in the lame duck session.
And Forvis calls the path through the full House and Senate uncertain. So, it's possible, but nothing is scheduled. So, what do you do with a bill like that? Well, there's nothing dramatic to do here beyond watching for a full House vote and keeping your records clean in the meantime. Now, the fair question, right?
I've been saying this bill is real, but from law, so what would prove me wrong? Well, Grant Thornton points out the path that crypto tax rules could ride along with a bigger financial rules deal if Congress strikes one. So, here's the test I'd use. If the full House votes on it this year and the Senate takes up the same text, I was too cautious. And if it sits until the new Congress, then the committee vote was at a starting point, not a finish line.
And there's a second way I could be wrong, right? In the other direction, bills can change before a final vote. So, treat today's version as a draft you're watching, not a rule you're already following. So, even if it moves fast, a version that passes might not watch what we want through today. Either way, knowing how a 30-day wash sale window works is useful before it ever becomes law.
And here's the free log check I promised. And it to be honest, it helps everything, right? Log one, every buy, the date, how much, what you paid in the fees. Log two, every staking or mining reward, the date, the coin, the amount, and what it was worth in dollars that day. Your tax professional could tell you what the value counts, and the log just makes sure you have it.
Now, a short note with the date, the coin, the amount, and the dollar value takes a minute, and it saves you from guessing. So log three, every sale at a loss and whether you bought the same coin back within 30 days either side. Keep those three logs, right? Bring them to a tax professional. If you use more than one exchange or wallet, keep the logs in one place, not spread across five apps.
Now, if any log is empty or messy, that's your first job, not the bill. So here's the digital asset tax certainty act in one breath. The House Tax Committee approved it 38 to 5. It still needs the full house and the Senate and the President. It would ease taxes on tiny fees and routine stable coin use and bring the wash sale and constructive sale rules to crypto.
And to be honest, if it passed as written, like I said, the wash sale reach could reach sales made after the day the bill was introduced. It would treat staking and mining rewards as ordinary income, but it leaves open with those rewards and taxes. My last thought, I promise you, I'm going. You can follow every vote in a crypto tax bill and still not have a single clean record of your own trades. If that sounds familiar, just get with that link down below and start learning what our private intelligence network can help you with.
Guys, as always, the first step is a short conversation, but it's a risk that you need to take to benefit your future. It's free. That's all I want to say. Hit the link, check it out. Stay bullish.
Hey, [music] hey,
Education and commentary only, not financial advice. Crypto is volatile and you can lose money. Do your own research and speak to a qualified advisor before making investment decisions. Figures and quotes are as reported in the video on November 5, 2026 and may have changed since.
