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The U.S. House Ways and Means Committee is expected to consider two digital asset tax bills covering mining and staking income and crypto trading rules, with industry reports pointing to a September 16 markup.
The date has not been confirmed by Congress. As of September 14, neither the committee repository nor the Ways and Means calendar lists a September 16 crypto tax markup, meaning the reported schedule could still change.
H.R. 9175 Would Defer Tax On Mining and Staking Rewards
The Tax Clarity for Mining and Staking Act, H.R. 9175, would let qualifying taxpayers elect to exclude newly minted digital assets from gross income when they receive them. Under current IRS guidance, mining rewards generally become taxable when received, while staking rewards are included once taxpayers gain control and can dispose of them.
H.R. 9175 would instead allow qualifying miners and stakers to defer that income until the tokens are sold or otherwise disposed of. The resulting gain would be treated as ordinary income, and the treatment would be optional.
The Joint Committee on Taxation estimated in June that the proposal would reduce federal revenue by about $2.96 billion between 2026 and 2036.
H.R. 9172 Would Extend Wash-Sale Rules to Crypto
H.R. 9172 would extend tax anti-abuse rules used for traditional financial assets to covered digital assets.
Its wash-sale provision would prevent taxpayers from deducting a loss when they sell a covered crypto asset and acquire a substantially identical asset within 30 days before or after the sale. Qualified U.S. dollar stablecoins would mainly be excluded.
The bill would also apply constructive-sale rules to certain appreciated digital asset positions, including widely traded tokens and some economically equivalent wrapped or tokenized assets. JCT estimated that H.R. 9172 would raise about $2.07 billion between 2026 and 2036.
September 16 Markup Remains Unconfirmed by Congress
Both bills were included in a broader digital asset tax package examined by Ways and Means at a June 9 legislative hearing. A committee markup would be the next step toward advancing either measure to the full House.
As of September 14, however, the reported September 16 markup had not appeared on the committee’s official calendar or document repository.
