On 09/16/2026, the House Ways and Means Committee advanced the bipartisan Digital Asset Tax Certainty Act (H.R. 10357) by a 38-5 vote. This first comprehensive federal effort to modernize crypto tax rules could reshape capital gains reporting, ordinary income treatment, and transaction compliance for U.S. investors if enacted.

Key Provisions

The legislation features a $10-or-less de minimis exemption for qualifying network and transaction fees (excluding high-volume users with a delayed effective date), extends wash-sale and constructive-sale rules to most digital assets (with stablecoin carve-outs), provides special basis rules for dollar-pegged stablecoins near parity, offers non-recognition treatment for certain lending transactions, grants mark-to-market eligibility and charitable donation parity for traders and dealers, and classifies mining and staking validation rewards as ordinary income without broad deferral options. It projects a modest net revenue impact while reducing compliance burdens and aligning crypto with traditional financial assets.

Before-and-After Calculation Examples

For paying small gas fees under $10, pre-act rules required full tracking for capital gains adjustments, but post-enactment the de minimis exemption could eliminate reporting needs for qualifying transactions (assuming non-high-volume status). Staking rewards would shift to ordinary income inclusion at receipt, increasing tax liability at regular rates rather than capital gains. Stablecoin redemptions near parity benefit from simplified basis calculations to minimize gain recognition. Loss harvesting faces new constraints from wash-sale extensions, preventing immediate repurchase of substantially identical assets to claim losses.

Guidance for Tax Calculator Users

Forecast 2026-2028 filing impacts in popular crypto tax tools by entering 2027 as the effective date, testing sensitivity analyses on the $10 de minimis threshold and ordinary income rates for rewards, applying wash-sale filters to loss-harvesting scenarios, and adjusting cost-basis methods for stablecoin rules. Run multiple assumptions including high-volume exclusions and lending non-recognition to model portfolio effects amid U.S. budget discussions.

Proactive Planning Steps

Track daily transfer volumes to confirm de minimis eligibility, update cost-basis methods in advance, and stress-test portfolios against 2027+ rules. Test these scenarios in your calculators now and monitor the bill's congressional path to prepare for the 2026 tax season and beyond.