- The House Ways and Means Committee approved R. 10357, the Digital Asset Tax Certainty Act, on September 16, 2026.
- Key proposals include a de minimis exemption for digital asset fees, new stablecoin treatment, and wash sale rules for digital assets.
- Some proposals would apply as of the bill’s introduction date; most other provisions begin in 2027 and 2028.
What is the Digital Asset Tax Certainty Act?
H.R. 10357 would establish the first comprehensive federal income tax framework for digital assets. The Joint Committee on Taxation released its description (JCX-47-26) on September 14, 2026. While committee approval is significant, broader House and Senate action remain uncertain, especially considering the impending mid-term elections.
Key Proposed Digital Asset Tax Changes Under H.R. 10357
- Digital asset fees: No gain or loss when digital assets are used to pay network or transaction fees of $10 or less.
- Stablecoin taxation: Generally, no gain or loss on routine transactions in qualified U.S. dollar stablecoins.
- Simplified accounting: Elective annual netting for widely traded digital assets, but all gain or loss is short-term.
- Parity with securities: Digital asset lending, mark-to-market elections, and trading safe harbor for foreign investors.
- Wash sale rules: Extended to traded digital assets. These rules generally prevent an immediate tax deduction when an asset is sold at a loss and the same or a substantially identical asset is acquired within 30 days before or after the sale.
- Constructive sale rules: Extended to widely traded digital assets.
- Mining and staking: Rewards are ordinary income and sourced by residence. Does not address timing of income inclusion for staking rewards.
- Charitable contributions: Treats contributions of certain digital assets similar to contributions of marketable securities.
Digital Asset Tax Effective Dates and Action Items
Effective dates are staggered. The wash sale rules are the more immediate concern, potentially reaching dispositions already made this year. Stablecoin and charitable contribution changes would begin in 2027, with fee relief, simplified accounting, and broker reporting following in 2028.
How Forvis Mazars Can Help
If H.R. 10357 is enacted, these changes would affect how digital asset activity is tracked, reported, and planned for. Our professionals can help you assess the impact on your situation and help prepare you now. Visit our Contact Us page to start a conversation.