The US House Ways and Means Committee will take up a 114-page crypto tax package on Wednesday that omits a provision that would have allowed miners and stakers to defer taxation on their rewards until the tokens are sold.

The legislation, the Digital Asset Tax Certainty Act, H.R. 10357, was published Monday alongside the committee's markup notice — the session in which committee members debate and amend a bill's text before it can advance to the full House. Notably, the package excludes the reward-timing provision contained in Representative Mike Carey's Tax Clarity for Mining and Staking Act, which was introduced in June.

That provision would have given taxpayers a choice: recognize newly created tokens as income upon receipt, or treat them similarly to self-created property and pay tax only when they are sold. Absent the provision, mining and staking rewards remain taxable when they are received or brought under the recipient's control — potentially before the tokens have been sold for cash.

The markup comes as the Senate weighs whether to advance the CLARITY Act, which would determine how the US Securities and Exchange Commission and the Commodity Futures Trading Commission divide oversight of the US crypto market.

Remaining provisions cover fees, stablecoins and wash sales

The bill does retain some of its mining and staking measures. It would classify income from blockchain validator activities as ordinary income, establish whether that income is sourced inside or outside the United States, and permit qualifying investment trusts to stake digital assets without losing their trust status. Ordinary-income treatment places validator rewards in the same category as wages, and the sourcing question matters most for validators operating outside the United States.

The package would also prevent taxpayers from recognizing gains or losses when crypto is used to pay network or transaction fees of up to $10, so small fee payments would not themselves trigger a taxable gain or loss. It proposes special tax treatment for qualifying US dollar stablecoins and would allow qualifying digital asset loans to occur without being treated as taxable sales.

Additional provisions would provide simplified accounting for widely traded crypto assets, extend wash-sale and constructive-sale rules to digital assets — the framework that, for securities, blocks taxpayers from claiming a loss on a sale while quickly buying back the same asset or from locking in a gain without recognizing it — and establish a voluntary disclosure program for taxpayers seeking to correct earlier digital asset tax violations.

Industry pushback

In June, the committee circulated seven crypto tax drafts ahead of a hearing on digital asset taxation. The proposals covered stablecoins, mining, staking and measures aimed at reducing the tax-reporting burden associated with crypto transactions.

At the time, the Blockchain Association, the Crypto Council for Innovation and the Digital Chamber urged Congress to pass Carey's legislation as introduced. The groups argued that taxing rewards before they can be sold creates liquidity problems for miners and stakers, and they opposed an amendment that would have limited the deferral to five years.