Congress quietly cuts taxes on crypto traders while ordinary investors pay the bill
H.R. 10357 — Digital Asset Tax Certainty Act · Filed by Jason Smith (R-MO) · 8 cosponsors · Introduced Sep 14, 2026 · Reported out
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What it does
This bill creates new tax rules for digital assets (cryptocurrencies and tokens) to reduce reporting burdens and align their treatment with traditional securities. It allows small transaction fees under $10 to be tax-free, lets investors elect simplified accounting for widely-held digital assets, treats U.S. dollar stablecoins as currency-like for tax purposes, and extends securities-lending rules to digital assets. The bill benefits digital asset traders and investors by lowering compliance costs and deferring or eliminating tax on small transactions.
Why we flagged it
The bill's operative mechanism is a series of tax exemptions, deferrals, and simplified accounting rules that reduce taxable income for digital asset traders and investors. While framed as 'tax certainty,' the substance is preferential tax treatment for a narrow asset class.
What the text implies
- Section 1044's $10 de minimis threshold for transaction fees may incentivize structuring of transactions to stay under the cap, reducing tax compliance without clear anti-abuse safeguards beyond regulatory authority.
- Section 1051's simplified accounting election allows investors to defer detailed gain/loss tracking and recognize only net annual gain/loss, potentially obscuring wash-sale patterns and related-party transactions that would be visible under traditional accounting.
- Section 1063's treatment of U.S. dollar stablecoins at redemption value (99.5%–100.5% band) creates a de facto currency-like status for private tokens, potentially undermining IRS ability to track value transfers and may facilitate tax avoidance through stablecoin intermediation.
- Section 475(g) extends mark-to-market accounting to digital asset dealers, allowing them to defer gains until year-end and potentially shift income across tax years; combined with the 4-year spread in subsection (h), creates significant deferral opportunity.
- The bill's charitable-contribution provisions (Section 204 and new Section 1046) allow donors to avoid capital gains tax on appreciated digital assets by donating proceeds, creating a tax-arbitrage opportunity not available for other appreciated property in the same way.
Section numbers refer to the bill text the analysis read — linked under Primary records below.
Who it affects
The bill primarily benefits digital asset traders, dealers, and investors through tax deferrals, exemptions on small fees, and simplified accounting that reduces their tax liability. Ordinary citizens who do not trade digital assets see no direct benefit, while the revenue loss to the Treasury (which funds public services) is a diffuse cost borne by all taxpayers. The charitable-contribution provisions offer a narrow public benefit but are overshadowed by the broad tax relief for a speculative a
Who stands to gain
- digital asset traders and dealers
- cryptocurrency exchanges and custodians
- digital asset investment funds
- stablecoin issuers
- high-frequency digital asset traders
Named in the bill
Internal Revenue Service (IRS), U.S. Treasury Department, Securities and Exchange Commission (SEC), digital asset exchanges, stablecoin issuers, cryptocurrency traders, investment advisors in digital assets
Where it stands
8 cosponsors: 7 Republicans, 1 Democrats.
- Sep 14, 2026 — Introduced · Congress.gov: “Introduced in House”
- Sep 14, 2026 — Referred to House Committee on Ways and Means · Congress.gov: “Referred to the House Committee on Ways and Means”
- Sep 16, 2026 — Markup held in committee · Congress.gov: “Committee Consideration and Mark-up Session Held”
- Sep 16, 2026 — Reported out of committee · Congress.gov: “Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 38 - 5”
Dates and quoted wording are Congress.gov's action record; the timeline shows status changes, not every procedural step.
How this was measured
Analysis — Quorum's AI read the bill text published by Congress.gov (50,094 characters) on Sep 16, 2026. Section numbers in the findings refer to that text, linked below; transparency and hidden-provision scores are compared against the median of 16,606 analysed bills.
Status and sponsors — Congress.gov's bill record — actions, committee referrals and cosponsors — loaded nightly. The timeline shows status changes, not every procedural action.
As of — page rendered 2026-10-31.
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