US House Ways and Means Committee to Mark Up Crypto Tax Bills on September 16
Bottom line: Congress is finally moving on crypto tax clarity — and the two bills on the table could reshape how miners, stakers, and active traders calculate their liabilities.
What's Happening
The US House Ways and Means Committee has scheduled a markup session for September 16, 2026, at 10:00 AM ET in Room HVC-210 of the Capitol Visitor Center, according to the committee's official notice . The panel will consider the Digital Asset Tax Certainty Act (H.R. 10357) alongside several other bills.
This markup follows a June 9 hearing where the committee examined a slate of digital asset tax proposals. The two most consequential bills in play address the industry's longest-standing tax grievances.
The Two Bills That Matter
H.R. 9175 — Tax Clarity for Mining and Staking Act
Under current IRS guidance, miners and stakers owe ordinary income tax the moment newly minted tokens hit their wallets — even if they never sell. This creates what the industry calls "phantom income": a tax bill on an asset that may have no liquid market at the moment of receipt.
H.R. 9175 would allow miners and stakers to defer income recognition until the tokens are actually sold or disposed of . The Joint Committee on Taxation estimates this would reduce federal revenue by approximately $29.56 million — a modest cost that underscores how targeted the fix is .
The bill isn't unlimited. It includes restrictions for controlled foreign corporations, passive foreign investment companies, and certain offshore structures. A rumored five-year deferral cap has not yet appeared in official text .
H.R. 9172 — Applying Existing Tax Anti-Abuse Rules to Digital Assets Act
This is the one that will hit active traders hardest. H.R. 9172 would extend wash-sale rules to digital assets, closing a loophole crypto traders have exploited for years: selling at a loss, immediately repurchasing the same asset, and still claiming the deduction .
Under the proposed rule, losses would be disallowed if substantially identical assets are repurchased within a 30-day window before or after the sale — mirroring how stocks are treated . The bill would also extend constructive-sale rules to prevent investors from locking in gains without triggering a taxable event.
The fiscal math is compelling: the Joint Committee on Taxation projects H.R. 9172 would raise approximately $20.74 billion over 2026–2036 . For a Congress perpetually searching for revenue offsets, that number matters.
Notably, tokens acquired through mining or staking would be excluded from the wash-sale expansion, preserving a carve-out for validators .
The OrangeX.com Take
For anyone actively trading crypto, the wash-sale change is the headline. Tax-loss harvesting — the practice of realizing losses to offset gains — has been a standard year-end strategy for crypto portfolios precisely because the 30-day rule didn't apply. That advantage is now on the chopping block.
The operational burden is real. Every disposal would need to be checked against a rolling 60-day window across every wallet and exchange a trader uses. Multi-platform traders and DeFi users will face the steepest compliance learning curve.
For miners and stakers, H.R. 9175 offers genuine relief. Getting taxed on tokens you can't sell — or don't intend to sell — has been a persistent deterrent to network participation. Deferral until disposition aligns the tax event with actual liquidity, which is a more rational framework.
The key caveat: Even if the committee advances these bills, the path to enactment remains long. Committee approval sends them to the full House, then the Senate, then potentially a conference committee if the chambers disagree . Midterm elections in November add further uncertainty. The markup is a significant step — but it's step one of many.
Disclaimer: This article is for informational purposes only and does not constitute tax or investment advice. Consult a qualified tax professional regarding your specific situation.
