Question 1

What crypto tax bills are currently pending in Congress in 2026?

Accepted Answer

As of June 2026, the 119th Congress has 8 active bills addressing cryptocurrency and digital asset taxation: H.R. 9172 (Arrington – anti-abuse rules), H.R. 9173 (Kelly – charitable deductions), H.R. 9174 (Bean – voluntary disclosure), H.R. 9175 (Carey – mining and staking), H.R. 9176 (Kustoff – PAR Act), H.R. 9178 (Yakym – compliance relief), S. 2207 (Lummis – comprehensive reform), and H.R. 8899 (Miller/Horsford – PARITY Act). H.R. 9172–9176 and 9178 were all introduced June 8, 2026, and received their first Ways and Means Committee legislative hearing on June 9, 2026; H.R. 8899 remains in committee pending resolution of anti-abuse provisions; S. 2207 is before the Senate Finance Committee.

Question 2

Would these crypto tax bills apply wash sale rules to digital assets?

Accepted Answer

Yes. H.R. 9172 (Arrington), S. 2207 (Lummis), and H.R. 8899 (PARITY Act) all propose extending wash sale rules under IRC §1091 to digital assets. Currently, cryptocurrency is not subject to wash sale rules, meaning investors can sell at a loss and immediately repurchase — a practice commonly called 'tax-loss harvesting.' These bills would eliminate that strategy.

Question 3

What is the Lummis digital asset tax bill (S. 2207)?

Accepted Answer

S. 2207, introduced by Sen. Cynthia Lummis (R-WY), is a comprehensive digital asset tax reform bill referred to the Senate Finance Committee. It proposes applying wash sale rules to digital assets, extending lending nonrecognition under §1058, allowing mark-to-market elections under §475, creating a de minimis exception for small transactions (≤$300 per transaction, $5,000 annual cap), providing sourcing rules for mining and staking income, and offering a mining/staking deferral election. It also addresses qualified appreciated digital asset contributions to private foundations.

Question 4

What is the PARITY Act (H.R. 8899)?

Accepted Answer

H.R. 8899 is the Digital Asset Protection, Accountability, Regulation, Innovation, Taxation, and Yields Act (PARITY Act), introduced by Rep. Carol Miller (R-OH) and Rep. Steven Horsford (D-NV) on May 19, 2026. It is one of the most comprehensive crypto tax bills, proposing wash sale rules, constructive sale rules, mark-to-market elections (§475), lending nonrecognition (§1058), a foreign investor safe harbor under §864, stablecoin tax simplification, mining/staking deferral, appraisal exceptions for digital asset charitable donations, and a fraud penalty for donee organizations (§6720D).

Question 5

Are there any crypto tax bills that would defer taxation of mining and staking income?

Accepted Answer

Yes. H.R. 9175 (Carey), S. 2207 (Lummis), and H.R. 8899 (PARITY Act) all propose a mining and staking deferral election, allowing miners and validators to defer recognition of income until they dispose of the received assets. The Horsford Amendment to H.R. 9175 would modify this by adding a 5-year forced recognition period — meaning deferred assets would become taxable after 5 years regardless of disposition.

Question 6

Which crypto tax bill would create a voluntary disclosure program?

Accepted Answer

H.R. 9174, introduced by Rep. Aaron Bean (R-FL), is the Digital Assets Voluntary Disclosure Program Act. It would create a formal IRS program allowing taxpayers with unreported digital asset income to come forward, pay back taxes and reduced penalties, and achieve compliance without criminal prosecution exposure. It is currently referred to the House Ways and Means Committee.

Question 7

What is a digital asset tax attorney and when do I need one?

Accepted Answer

A digital asset tax attorney specializes in the federal tax treatment of cryptocurrency, NFTs, DeFi, staking, and other blockchain-based assets. You may need one if you are facing an IRS audit involving digital assets, have received an IRS notice related to a John Doe summons, have unreported crypto income, are disputing broker reporting under §6045, or want to understand how pending legislation like these bills may affect your tax exposure. Miles Fuller, former Lead Attorney of the IRS Digital Asset Cadre, represents taxpayers in these matters at mfullerlaw.com.

Question 8

Would any of these bills change the tax treatment of stablecoins?

Accepted Answer

Yes. H.R. 9178 (Yakym – Less Tax Paperwork for Digital Asset Owners Act) and H.R. 8899 (PARITY Act) both propose stablecoin tax simplification, providing that routine stablecoin transactions do not generate taxable gain or loss. H.R. 9178 also proposes a de minimis exception for network fees of $10 or less.

Crypto Tax Bills
Legislative Tracker

Bill Status & Latest Action

Proposal Coverage Matrix

Crypto Tax BillsLegislative Tracker

Bill Status & Latest Action

Proposal Coverage Matrix

Crypto Tax Bills
Legislative Tracker