Crypto’s Long-Sought ‘De Minimis’ Tax Break Gets a House Markup This Week

The House Ways and Means Committee will consider legislation Wednesday that would exempt some crypto transaction fees from capital-gains calculations and apply new federal tax rules to stablecoins, staking, mining and digital asset trading.

Committee Chairman Jason Smith, R-Mo., introduced the 114-page Digital Asset Tax Certainty Act, or H.R. 10357. The committee has scheduled its markup for 10 a.m. Eastern on Sept. 16.

During a markup, committee members debate a bill, propose amendments, and decide whether to advance it to the full House.

The legislation would create a “de minimis” exemption for qualifying network or transaction fees of $10 or less. De minimis refers to an amount considered too small to require standard tax treatment.

Paying a blockchain fee with crypto can create a taxable event because the IRS treats digital assets as property. The exemption would allow taxpayers to disregard gains or losses on eligible fees.

Lawmakers examined small-transaction exemptions and six other crypto tax proposals during a June hearing on digital asset taxation.

The bill would use the redemption value of qualifying dollar-pegged stablecoins as their tax basis when purchased near that value, tax mining and staking rewards as ordinary income, and allow certain investment trusts to stake assets without jeopardizing their tax status.

An earlier proposal backed by crypto industry groups would have deferred income recognition for some newly created mining and staking rewards. However, that provision is absent from H.R. 10357.

The bill would extend wash-sale rules to digital assets, exempt qualifying crypto loans from being treated as sales, and establish a Treasury program allowing eligible taxpayers to amend past returns and pay outstanding taxes, interest, and penalties.

The proposal must clear the committee and win approval from the House, Senate, and President before becoming law.