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The U.S. House of Representatives will consider two cryptocurrency tax bills on September 16

2026-09-14 16:18:30
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House tax drafters have scheduled for September 16 to review two bills that could change the way U.S. miners, pledgers and traders calculate federal taxes.

It is reported that House tax drafters plan to review two digital asset bills during the September 16 markup session. H.R. 9175 provides eligible miners and pledgers with an option to defer revenue until token disposal for confirmation. And H.R. 9172 extends the restrictions on laundering transactions and constructive sales to governed digital assets and related contracts.

In this anti-tax avoidance proposal, qualified U.S. dollar stablecoins and certain validation-related acquisitions are given targeted exemptions. As of Monday morning, official committee minutes had not publicly listed the September marked meeting in this report.

House Ways and Means Committee to Consider Crypto Tax Bill

House Ways and Means Committee plans to Consider H.R. on Wednesday. 9175 and H.R. 9172。As of September 14, the committee's public calendar had not issued marked meeting notices, resulting in meeting times and final bill lists not being confirmed in official records.

These two proposals address different parts of the tax code. H.R. 9175 will establish an optional revenue deferred system for eligible mining and pledge rewards;H.R. 9172 will apply existing laundering transactions and constructive sale restrictions to regulated digital assets.

The committee's marked meetings will allow lawmakers to debate, amend and vote on the legislation. Despite reports that Republicans may remove the mining deferral clause or limit it to five years, as of now, this has not been confirmed through a committee amendment or alternative text released.

Mining Tax Act provides selective deferral mechanism

Mining and Pledge Tax Clarification Act (H.R. 9175) will establish two possible tax treatments for eligible new tokens.

Under the bill's default rules, taxpayers are required to include their fair market value in ordinary income when they obtain tokens through mining, pledge or other qualified verification processes. The confirmed amount will become the taxpayer's tax base on the asset.

Eligible taxpayers may choose to defer confirmation of eligible tokens received during the selected tax year. Unless the taxpayer obtains approval from the Ministry of Finance to revoke the option, the option will remain valid for subsequent years.

Taxpayers need to recognize deferred gains when selected tokens are sold or otherwise disposed of. Under the proposed terms, such gains are classified as property gains on non-capital assets, resulting in ordinary tax treatment. Certain acquisition costs will be capitalized while the selection is valid.

Current Internal Revenue Service (IRS) guidelines generally treat miners and pledge rewards as ordinary income to taxpayers at the time they gain control. As crypto.news explains in its 2026 IRS Guide to Cryptocurrency Tax Rules, subsequent disposals may result in separate capital gains or losses based on changes in asset value.

H.R. 9175 does not qualify all tokens or taxpayers. The proposed text contains restrictions covering controlled foreign companies, passive foreign investment companies, and several foreign ownership structures. It contains source rules based in part on the taxpayer's residence when acquiring or disposing of assets.

Republican lawmakers have reportedly discussed eliminating the deferred option or allowing it to exist for only five years. However, none of these options appeared in the submitted text, and as of September 14, no official amendment confirming any changes had been announced.

The non-partisan Joint Taxation Committee estimates that the proposed bill would reduce federal revenue by $2.956 billion over the fiscal year 2026 to 2036.

Laundering Transactions Act targets rapid repurchase behavior

Application of Existing Tax Anti-avoidance Rules to the Digital Assets Act (H.R. 9172) will expand two rules currently mainly related to stocks and securities. Section 1091 of the tax code generally prohibits taxpayers from immediately deducting losses when they sell stocks or securities and acquire substantially the same property within 30 days before or after the sale. Unallowed losses usually adjust the tax base of the replaced property rather than disappear forever.

H.R. 9172 will replace the reference to "stocks or securities" with a new "designated asset" category. The governed property includes most digital assets and certain contracts or options associated with them. Tokenized or packaged products may be deemed to be substantially the same as economically equivalent underlying assets. The Ministry of Finance will be given regulatory powers to cover contracts and other arrangements related to designated assets.

Qualified dollar-denominated stablecoins will be excluded if they meet the legal requirements of the bill. This definition relies on federal law recognizing the license to pay stablecoin issuers. When taxpayers use other functional currencies, U.S. dollar stablecoins may not be exempt.

Certain tokens obtained through mining, pledge or similar verification activities enjoy narrower exceptions. The proposal text addresses specific acquisition issues in laundering calculations; it does not remove all mined or pledged tokens from all parts of the bill.

The measure will also extend the presumptive sale rule under Section 1259 to digital assets separately. Existing constructive sale rules require revenue to be recognized when the transaction completely offsets the value-added position, thereby effectively eliminating economic risk for the taxpayer, but the asset has not been formally sold.

Previously reported at crypto.news that statutory laundering trading rules do not currently cover cryptocurrencies, allowing traders to sell tokens at a loss and buy them again without having to be subject to the same restrictions as regulated securities.

The Joint Taxation Committee estimates that H.R. 9172 will increase revenue by $2.074 billion during the fiscal year 2026 to 2036. Earlier cited Treasury estimates on digital asset laundering legislation cover different proposals and should not be considered H.R. Official rating of 9172.

Committee passes and enters another legislative stage

If the reported marked meeting continues, committee members can approve the bills submitted, reject them, or replace parts with amendments. The five-year mining deferral clause mentioned in media reports requires formal amendments to become part of legislation.

Obtaining a committee favorite vote would allow these measures to be reported to the full House. Approval does not guarantee a plenary discussion because House leaders control the schedule and a plenary meeting date has not yet been announced. Any bill passed by the House will then require Senate approval. Differences between the House and Senate versions need to be resolved before the same legislation reaches the president.

The committee may combine these measures with other tax legislation during marking meetings or at a later stage. Congress often pushes tax provisions through larger packages, but there are currently no official documents showing either crypto proposal will be added to another bill.

However, pending the emergence of a new committee text, the version submitted in June remains the only verified legislative language. As of September 14, the committee had not announced the chairman's amendment, alternative text, meeting time or voting agenda for the reported September 16 marking meeting.

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