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US House crypto tax package omits mining, staking reward deferral

Posted on September 15, 2026 By Malcolm Knoll No Comments on US House crypto tax package omits mining, staking reward deferral

US Crypto Tax Bill Leaves Out Mining, Staking Deferral Ecosystem

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Written by Ezra Reguerra, staff writer

Reviewed by Bryan O’Shea, staff editor

US House Crypto Tax Package Omits Mining, Staking Reward Deferral

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Published: Sep 15, 2026

The 114-page bill would modify the tax treatment of crypto fees, stablecoins, and lending while keeping existing reward-tax timing unchanged. The US House Ways and Means Committee will consider a crypto tax package on Wednesday that excludes a provision allowing miners and stakers to defer taxation of rewards until token sale.

The Digital Asset Tax Certainty Act (H.R. 10357) was published alongside the committee’s markup notice on Monday. It does not include the reward-timing provision from Representative Mike Carey’s Tax Clarity for Mining and Staking Act, introduced in June. This provision would have let taxpayers choose between recognizing newly created tokens as income upon receipt or treating them like self-created property, taxing at sale.

Without this provision, mining and staking rewards remain taxable upon receipt or control, potentially before cashing out. The package arrives as the Senate debates the CLARITY Act, which would determine SEC and CFTC oversight of the US crypto market.

Key Points from the House Package:

  • Retains some mining and staking provisions: classifies blockchain validator income as ordinary income, determines sourcing based on location, allows qualifying investment trusts to stake without losing trust status.
  • Prevents gains/losses recognition for crypto used in network/transaction fees up to $10.
  • Offers special tax treatment for US dollar stablecoins.
  • Allows digital asset loans without taxable sales treatment.
  • Provides simplified accounting for widely traded crypto assets, extends wash-sale and constructive-sale rules to crypto, establishes a voluntary disclosure program for past digital asset tax violations.

Previous Developments:

  • In June, the committee circulated seven crypto tax drafts ahead of a hearing on digital asset taxation.
  • Blockchain Association, Crypto Council for Innovation, and Digital Chamber urged Congress to pass Carey’s legislation as introduced, arguing that taxing rewards before sale creates liquidity issues for miners and stakers.
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