The House Advanced a Crypto Tax Bill 38 to 5. What the Digital Asset Tax Certainty Act Changes for Bitcoin Holders.

One day after the Senate killed the crypto industry's marquee bill, a quieter piece of legislation sailed through a House committee 38 to 5, and it could reshape how Bitcoin holders manage taxes on everything from daily purchases to year-end…

Published September 17, 2026, 12:22pm ET · 3 min read

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The Senate’s September 15 rejection of the CLARITY Act looked like a major setback for crypto, especially after two years of lobbying and enormous industry spending on the market-structure bill. Yet just one day later, a different crypto bill quietly moved forward in the House, clearing the Ways and Means Committee by a 38-5 bipartisan vote. 

The Digital Asset Tax Certainty Act does not settle the market-structure fight, but it could change how the IRS treats small digital-asset transactions and year-end tax planning. For Bitcoin holders, the bill offers a tax break in one area while taking away a strategy some investors have used to manage their tax bills. 

What the Digital Asset Tax Certainty Act Does for Crypto Holders

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Buy a coffee with Bitcoin (CRYPTO:BTC) today, and you technically create a capital-gains reporting obligation on the difference between what you paid for the coin and what it was worth when you spent it. That means an ordinary purchase can create a tax calculation that has little to do with the size of the transaction, especially when Bitcoin is trading at about $76,800.

The Digital Asset Tax Certainty Act would partially address that problem with a de minimis exemption for network or transaction fees of $10 or less, not for the purchase itself. So buying a coffee with Bitcoin would still trigger a capital-gains calculation on the coffee, but the blockchain fee tacked onto that transaction could be exempt. The exemption also would not apply to service providers processing transactions on behalf of others. 

The bill also establishes tax treatment for stablecoins, lending, mining, and staking, giving investors clearer rules across several parts of the crypto market. Representative Steven Horsford pushed for the small-transaction exemption during committee consideration, while an earlier proposal to defer taxes on mining and staking income until the assets were sold was dropped from the version that advanced.

There is a catch for investors who use crypto losses to reduce their tax bills. The bill would extend the wash-sale rule to widely traded digital assets, so selling Bitcoin at a loss and buying it back almost immediately would no longer provide the same tax benefit.

For crypto holders, the bill therefore cuts both ways. It could make small Bitcoin purchases easier to handle for tax purposes, while closing a loss-harvesting strategy investors have been able to use under the existing rules.

Why This Tax Bill Has a Different Path

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The timing makes the bill particularly interesting for crypto investors because the industry spent two years and substantial sums lobbying for the CLARITY Act, only for the Senate to block it on September 15, while the Digital Asset Tax Certainty Act advanced through the House Ways and Means Committee the following day with a 38-5 bipartisan vote.

The vote does not guarantee that the bill will reach the House floor or become law, but it gives the proposal a different starting point from a broader market-structure bill. It contains no ethics provision, which became a point of contention around the CLARITY Act, and its tax provisions are designed to raise revenue for the Treasury rather than require a large new federal outlay.

Opposition to the bill remains, including from Representative Lloyd Doggett, who argued that its provisions favor the crypto industry over broader taxpayer priorities. A bipartisan committee vote therefore does not settle the debate, particularly because no full House vote has been scheduled.

A more practical route could be a larger year-end tax package rather than a standalone vote, allowing lawmakers to consider the crypto provisions alongside other tax measures, though the final shape and timing would depend on negotiations in Congress.

Will the Crypto Tax Bill Become Law?

The Digital Asset Tax Certainty Act has a clearer path forward than its headline-grabbing counterpart because it already has bipartisan committee support, raises federal revenue, and avoids the broader policy disputes that helped derail the CLARITY Act.

If it reaches a final tax package, the de minimis exemption could make small Bitcoin purchases easier while the wash-sale provision could eliminate a familiar year-end loss-harvesting strategy, making this a tax change with consequences on both sides of the Bitcoin trade.

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Sam Daodu

Sam Daodu is a crypto analyst and the editor of 24/7 Wall St.'s Crypto Desk, where he covers Bitcoin, XRP, Ethereum, Solana and the altcoins investors search for most. His work focuses on price levels, spot ETF flows, on-chain data and the regulatory decisions that move crypto markets, written so a first-time buyer and a seasoned trader can both use it.
Sam has written about crypto professionally since 2019 and has published more than 2,000 articles. Before joining 24/7 Wall St., he wrote for crypto media outlets and Web3 companies and ghostwrote for crypto founders and token launches. His analysis is syndicated on Yahoo Finance, MSN and AOL and has been cited by other crypto news sites. He also founded MacLabs Marketing, a content and personal branding agency for crypto founders and executives.
When he isn't reading charts, Sam is usually at the gym or watching One Piece, a series he maintains has better tokenomics than most altcoins.

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