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WEBTHREEPEDIA RESEARCH

[MARKET UPDATE] Congress Drafts Seven Bills to Overhaul Crypto Taxation

Zephyra|June 6, 2026|BPF
EXECUTIVE SUMMARY

The U.S. House Ways and Means Committee released seven discussion drafts on June 4, 2026, targeting the tax treatment of digital assets across stablecoins, staking, mining, DeFi lending, wash sales, charitable donations, and voluntary disclosure. A full committee legislative hearing is scheduled ...

"Today, even the smallest crypto transaction can trigger tax calculation." — Rep. Steven Horsford (D-NV), Co-sponsor of the PARITY Act

Executive Summary

The U.S. House Ways and Means Committee released seven discussion drafts on June 4, 2026, targeting the tax treatment of digital assets across stablecoins, staking, mining, DeFi lending, wash sales, charitable donations, and voluntary disclosure. A full committee legislative hearing is scheduled for June 9, 2026, at 2:00 PM ET, chaired by Rep. Jason Smith (R-MO). The proposals collectively represent the most comprehensive congressional attempt to date to codify crypto taxation rules in the U.S. Internal Revenue Code.

The stakes are material. Approximately 67–70 million Americans now hold digital assets, according to the National Cryptocurrency Association and Security.org surveys published in May 2026. The IRS began issuing Form 1099-DA for 2025 transactions in early 2026, with cost basis reporting set to take effect for 2026 transactions. The Infrastructure Investment and Jobs Act of 2021 estimated a $28 billion crypto tax gap over 10 years. These seven drafts are designed to close portions of that gap while reducing compliance friction that currently penalizes routine transactions.

Table of Contents

  1. The Seven Drafts: What Each Covers
  2. The PARITY Act: Anchor Legislation
  3. Senate Counterpart: Lummis Bill S. 2207
  4. IRS Form 1099-DA: The Enforcement Backdrop
  5. Revenue Estimates and Fiscal Impact
  6. Industry Reaction
  7. Political Dynamics and Timeline
  8. Key Takeaways
  9. Conclusion
  10. Sources & References

The Seven Drafts: What Each Covers

The Ways and Means Committee circulated seven standalone legislative texts on June 4, 2026, each addressing a distinct area of digital asset taxation. These are discussion drafts — preliminary proposals intended to frame debate before formal markup. The named drafts include:

  1. Less Tax Paperwork for Digital Asset Owners Act — Targets de minimis transaction relief. Aims to eliminate tax reporting requirements for small-value personal crypto payments. The PARITY Act version sets this at $200 for stablecoin payments; the Senate version proposes $300 per transaction with a $5,000 annual cap.

  2. Tax Clarity for Mining and Staking Act — Addresses the "phantom income" problem. Under current IRS rules, mining and staking rewards are taxable as ordinary income at fair market value upon receipt, even if the holder never sells. This draft would allow validators to defer income recognition until disposal, with a deferral window of up to five years under the PARITY Act framework. Proof-of-work miners do not qualify for the deferral under the current text.

  3. Providing Analogous Rules for Digital Assets (PAR) Act — Extends existing securities tax rules to crypto. Specifically: wash sale rules under IRC §1091 (imposing a 30-day holding period before claiming tax losses on repurchased assets), constructive sale rules under IRC §1259, securities-lending treatment under IRC §1058, and mark-to-market elections under IRC §475 for dealers and active traders.

  4. DeFi Lending Treatment — Proposes applying bona fide loan classification to crypto lending, removing the current ambiguity under which DeFi lending can be classified as a taxable sale. This aligns crypto lending with traditional securities lending rules.

  5. Stablecoin Payment Safe Harbor — Creates a deemed-basis rule for GENIUS Act-compliant payment stablecoins. Stablecoin transactions would not trigger gain or loss recognition unless the acquirer's basis deviates by more than 1% from the $1 redemption value. Effectively treats regulated stablecoins like cash for tax purposes.

  6. Charitable Donations Reform — Eliminates the qualified appraisal requirement for digital asset donations to charity. Under current rules, donors of non-cash property exceeding $5,000 must obtain a qualified appraisal, which creates friction for crypto donations where fair market value is readily observable on public blockchains.

  7. Voluntary Disclosure Program — Creates a structured pathway for taxpayers with previously unreported crypto income to come into compliance, mirroring historical IRS programs for offshore account holders.

The PARITY Act: Anchor Legislation

The Digital Asset Protection, Accountability, Regulation, Innovation, Taxation, and Yields (PARITY) Act, formally H.R. 8899, serves as the anchor bill. Co-sponsored by Rep. Max Miller (R-OH) and Rep. Steven Horsford (D-NV), it was introduced on May 19, 2026, building on a revised discussion draft from March 26, 2026.

Core provisions:

  • Stablecoin deemed-basis rule: Regulated payment stablecoins compliant with the GENIUS Act receive a deemed basis of $1. No gain or loss is recognized unless basis falls below 99% of redemption value.
  • Staking deferral: Validators may elect to defer ordinary income from staking and mining rewards for up to five years. Income is recognized upon disposition.
  • Wash sale extension: Applies the 30-day wash sale rule to digital assets, closing a loophole that currently allows unlimited tax-loss harvesting in crypto.
  • Mark-to-market elections: Dealers and active traders may elect mark-to-market accounting under IRC §475.
  • De minimis study: Does not create a broad de minimis exemption. Instead directs Treasury to study the issue and report to Congress within one year. Includes a "Sense of Congress" statement that taxpayers should not face undue compliance burdens on low-value personal transactions.

The PARITY Act does not reclassify digital assets. They remain property for federal tax purposes. It also does not address cross-border source rules or jurisdictional questions.

Senate Counterpart: Lummis Bill S. 2207

Senator Cynthia Lummis (R-WY) introduced S. 2207, which runs parallel to the House effort. Key differences from the PARITY Act:

| Provision | PARITY Act (House) | S. 2207 (Senate) | |---|---|---| | De minimis threshold | Study only | $300/transaction, $5,000/year cap | | Staking deferral | Up to 5 years | Until sale (no cap) | | Stablecoin threshold | 1% deviation from $1 | $200 stablecoin payment threshold | | Formal tax code definition | No | Yes — creates "digital asset" definition |

The June 9 hearing is expected to begin clarifying whether the House moves toward PARITY Act markup or incorporates elements from the Lummis bill into a broader vehicle.

IRS Form 1099-DA: The Enforcement Backdrop

The legislative push occurs against the backdrop of the IRS's phased Form 1099-DA rollout:

  • 2025 transactions (reported in 2026): Brokers must report gross proceeds. Cost basis reporting is not yet required.
  • 2026 transactions (reported in 2027): Brokers must report both gross proceeds and cost basis.
  • Transition relief: The IRS will not impose penalties on 2025 Form 1099-DA filings where brokers make a good-faith compliance effort.

Implementation has not been smooth. Major exchanges including Coinbase and Kraken reported delays in issuing 1099-DA forms, with some taxpayers notified that forms would not be available until March 18, 2026, or later. The basis gap remains a structural problem: brokers generally cannot report cost basis for assets acquired before 2025 or transferred from external wallets. If a user transfers Bitcoin from a hardware wallet to an exchange and sells, the exchange may report a $0 cost basis to the IRS, potentially triggering automated audit flags.

Tom Shea, EY Americas Crypto and Digital Asset Tax Leader, stated that the industry needs "at least 18 months" for brokers to build compliant reporting systems. Shea also noted that the PARITY Act "can move forward independently" of the broader Digital Asset Market Clarity Act (H.R. 3633), which the Senate Banking Committee advanced 15–9 on May 14.

Revenue Estimates and Fiscal Impact

Revenue projections remain preliminary. One estimate cited by industry sources places the 10-year revenue impact of the full package at approximately $600 million (2025–2034). This figure is modest relative to the $28 billion gap identified in the 2021 Infrastructure Act, suggesting that the current legislative package prioritizes compliance simplification over revenue maximization.

The wash sale provision is expected to generate the most revenue by closing the tax-loss harvesting loophole. Under current rules, a crypto holder can sell at a loss, immediately repurchase the same asset, and claim the tax deduction — a strategy prohibited for securities since the 1930s.

Industry Reaction

Alison Mangiero, head of the Crypto Council for Innovation, stated: "Getting the tax treatment of digital assets right is essential to compliance, to everyday use, and to keeping this activity and its revenue in the United States."

Cody Carbone of the Digital Chamber said the organization welcomes the hearing as an opportunity "to refine these proposals and keep the bipartisan tax effort moving forward."

Bitcoin advocacy organizations have objected to mining-related clauses in the legislation, though specific objections have not been detailed publicly.

The bipartisan co-sponsorship of the PARITY Act is notable. Tax legislation in the current Congress has generally followed partisan lines on most issues, making the Miller-Horsford collaboration an exception.

Political Dynamics and Timeline

The June 9 hearing is a committee hearing, not a markup. No vote is scheduled. The legislative pathway forward depends on several factors:

  • Markup timing: Uncertain. According to EY's Shea, the committee may target markup after midterm elections, though a pre-election push is not ruled out.
  • Vehicle question: The seven drafts could move as standalone bills, be combined into a single package, or be attached to the reconciliation process.
  • Coordination with market structure: The Digital Asset Market Clarity Act cleared the Senate Banking Committee on May 14. Tax and market structure legislation could move in tandem or independently.
  • DeFi broker rule nullification: Congress already nullified the DeFi broker reporting rule via H.J.Res. 25, which passed 292–132 in the House and 70–28 in the Senate, signed April 10, 2025. This demonstrated strong bipartisan appetite for crypto tax reform.
  • GENIUS Act interaction: The stablecoin safe harbor in the PARITY Act explicitly ties to GENIUS Act compliance, creating a regulatory dependency. Stablecoins issued outside the GENIUS Act framework would not qualify for the deemed-basis treatment.

Key Takeaways

  • The House Ways and Means Committee released seven crypto tax discussion drafts on June 4, 2026, covering stablecoins, staking, mining, DeFi lending, wash sales, charitable donations, and voluntary disclosure.
  • The PARITY Act (H.R. 8899), co-sponsored by Rep. Miller (R-OH) and Rep. Horsford (D-NV), is the anchor legislation, featuring staking deferral of up to five years and a stablecoin deemed-basis rule.
  • A full committee hearing is set for June 9, 2026, chaired by Rep. Jason Smith (R-MO).
  • The IRS Form 1099-DA rollout is already in progress, with cost basis reporting commencing for 2026 transactions, creating urgency for legislative clarity.
  • Approximately 67–70 million Americans hold digital assets, making tax treatment a mass-market policy issue.
  • Revenue impact is estimated at ~$600 million over 10 years — modest relative to the $28 billion tax gap identified in 2021.
  • Wash sale rules for crypto would close a long-standing tax-loss harvesting loophole.

Conclusion

The seven discussion drafts represent the most granular congressional effort to date to address crypto taxation. The approach — breaking the problem into standalone proposals rather than a single omnibus bill — reflects the committee's intent to identify which provisions can attract bipartisan support. The June 9 hearing will function as a filtering mechanism. The staking deferral and stablecoin safe harbor provisions have clear bipartisan backing. Wash sale rules are likely to face less opposition given their alignment with existing securities law. The mining tax provisions and DeFi lending treatment remain contested.

Whether these drafts reach markup before midterm elections is uncertain. What is clear is that the IRS enforcement apparatus — Form 1099-DA, automated matching, penalty structures — is advancing regardless of legislative action. The legislative effort is an attempt to ensure the tax code keeps pace with enforcement capabilities, not the other way around.

Sources & References

  1. U.S. House tax committee weighs crypto bills, including relief for small transactions — CoinDesk, June 5, 2026
  2. Next up, taxes: Crypto tax legislation circulated ahead of House Ways and Means Committee hearing next week — The Block, June 5, 2026
  3. Congress Eyes Sweeping Crypto Tax Reform Through Seven Drafts — CryptoTimes, June 5, 2026
  4. Congress Seeks Clarity on Crypto Tax Rules — Legis1, June 2026
  5. Crypto Tax Bill Can Move Without Market-Structure Law, EY Expert Says — Thomson Reuters Tax, 2026
  6. US Lawmakers Target Stablecoins, Staking, and Lending in Tax Push — Crypto Economy, June 2026
  7. Bipartisan House lawmakers unveil crypto tax framework with stablecoin safe harbor, staking deferral — The Block / Bloomberg, 2026
  8. One in Four U.S. Adults Now Use Crypto — National Cryptocurrency Association via BusinessWire, May 13, 2026
  9. 2026 Cryptocurrency Adoption and Sentiment Report — Security.org, 2026
  10. Navigating the Form 1099-DA reporting maze — The Tax Adviser, March 2026
  11. Key US House committee preparing legislation to forge crypto tax structure — Bloomberg, June 4, 2026
  12. IRS provides additional transition relief for brokers required to file information returns on digital asset sales — IRS.gov, 2026