The House Ways and Means Committee is set to consider the Digital Asset Tax Certainty Act package in November 2026. US crypto users need to adapt their tax calculators now for potential changes in how staking and mining rewards are treated.

Bill's Treatment of Staking and Mining

The package excludes provisions that would allow deferral of tax on mining and staking rewards until disposal. Instead, these rewards are treated as ordinary income upon receipt. This aligns with current IRS guidance but codifies it without relief.

Retained elements include the $10.00 de minimis network fee exemption, wash sale extensions that could apply retroactively to sales after 09/15/2026, stablecoin relief, and constructive sale rules.

Adjusting Calculator Inputs

Update your 2026 capital gains tracking by inputting validator rewards at their fair market value on the date received as ordinary income. For dispositions, calculate short-term or long-term capital gains based on holding period.

For example, if you receive 0.25 BTC in mining rewards on 11/15/2026 valued at $5,000.00, report that as ordinary income. If you sell on 12/20/2026 for $5,500.00, report $500.00 short-term capital gain.

Scenario Modeling for Lame-Duck Session

If the package advances in the post-midterm lame-duck session following the 11/03/2026 elections, prepare for these rules in 2026 filings. If it stalls, current treatment remains, but monitor for any retroactive changes.

Model both scenarios in your calculator to project tax liabilities accurately.

Practical Steps for Users

  • Audit current holdings and estimate ordinary income inclusion for all rewards received in 2026.
  • Optimize loss harvesting before year-end to offset any capital gains.
  • Review holding periods to aim for long-term rates where possible.

These steps help avoid under- or over-estimating liabilities on digital asset transactions.

Tips for Software Integration

Integrate by adjusting assumptions in tax software or spreadsheets for ordinary income on rewards. Run multiple projections to empower better decision-making. Preparation now ensures compliance regardless of final legislation.