The crypto tax bill (H.R. 10357): 7 changes and when they apply

H.R. 10357, the Digital Asset Tax Certainty Act, is the crypto tax bill now in the House. It is not law. The Ways and Means Committee approved it 38 to 5 on September 16, 2026, and the full House has not voted on it.

One part matters before this year ends. If the bill passes as approved, the wash sale rule would cover crypto sold at a loss after September 14, 2026. That date has already passed.

Bill	H.R. 10357, the Digital Asset Tax Certainty Act
Introduced	September 14, 2026
Committee vote	Approved 38 to 5 by Ways and Means on September 16, 2026
Still needed	House and Senate votes, then the President signs it
Status on October 9, 2026	Not law
Revenue	Raises about $500 million over 2027 to 2036, per the Joint Committee on Taxation

What would the crypto tax bill change?

Seven changes matter most to people who hold or trade crypto.

1. Wash sales. You could not deduct a loss on a coin if you bought the same coin within 30 days before or after selling it. This covers sales after September 14, 2026.
2. Constructive sales. Locking in a gain with an offsetting position, such as shorting the same coin, would count as a sale. This also covers deals after September 14, 2026.
3. A $10 fee exemption. Paying a network fee of $10 or less in crypto would no longer count as a taxable sale. This starts in 2028.
4. An optional simpler method. You could elect to tax a widely traded coin each year on its total change in value, sold or not. Gains under this method count as short-term. This starts in 2028.
5. Stablecoins at face value. A qualifying US dollar stablecoin would be treated as worth its $1 redemption value. This starts with 2027 tax years.
6. Mining and staking. Rewards would be ordinary income by law, with new rules on which country the income comes from.
7. Crypto donations. Gifts of widely traded coins worth over $5,000 would no longer need a qualified appraisal. This starts with 2027 tax years.

The bill also changes what brokers report from 2028 and creates a voluntary disclosure program for unreported crypto.

If I harvest crypto losses this December, could the new rule apply?

Yes, if the bill passes as approved. Its wash sale rule reaches back to sales after September 14, 2026. A December loss sale followed by a buyback within 30 days could lose its deduction.

The loss would not disappear. Under the existing wash sale rule, a disallowed loss is added to the cost of the replacement coin. You would claim it when you sell that coin later.

Your forms would not warn you. For sales before 2028, the bill tells brokers to report your cost as if the new rule did not exist. So your Form 1099-DA would not flag a crypto wash sale, and you would track it yourself.

To keep the loss safe either way, wait 31 days before buying the same coin back, or buy a different coin. A wrapped version of the same coin counts as the same coin.

What is the crypto de minimis exemption in the bill?

It is narrow. Paying a network fee of $10 or less in crypto would create no gain or loss. The same goes for a trading fee of $10 or less paid in the coin you are trading.

It applies to sales after December 31, 2027. Traders, brokers and dealers cannot use it, and neither can anyone with more than 5,000 crypto transactions the year before. It is not a de minimis exemption for small purchases. The $300 and $600 figures you may have seen come from other proposals or from broker reporting rules.

How would the bill tax staking rewards?

As ordinary income, the same as today. The bill writes that treatment into the tax code and adds rules on where the income is earned. For a US resident, mining and staking income would be US income.

The bill does not delay the tax until you sell. Under current IRS guidance, staking rewards are income as soon as you can control them, and that stays the same.

How would stablecoins be taxed under the bill?

A qualifying US dollar stablecoin would be treated as worth its redemption value, which is usually $1. Buy one near $1 and its cost would be $1. Sell or swap it, and the sale would be priced at $1 too.

That ends the tiny gains and losses that small price swings around $1 create today. The rule covers stablecoins from issuers approved under the GENIUS Act and starts with 2027 tax years. Qualifying stablecoins are also left out of the new wash sale rule.

When would the bill take effect?

Each part has its own start date.

Change	Applies to
Wash sales and constructive sales	Sales after September 14, 2026
Stablecoins and crypto donations	Tax years starting in 2027
The $10 fee exemption and the simpler method	2028 onward
Broker reporting changes	Returns filed after 2027
Mining, staking and trader rules	The first tax year after it becomes law
Voluntary disclosure program	Set up within a year of it becoming law

The September 14 date is fixed in the text. A vote in 2027 would still cover sales made this fall.

What should you do now?

• Work from current law for now. Today, the wash sale rule does not apply to crypto.
• If the bill becomes law before you file, it could change your 2026 return.
• If you sell at a loss before year end, write down any buyback of the same coin within 30 days.
• Check this page before you file. We update it at each step the bill takes.

For how crypto is taxed today, see our crypto tax guide and CPA service.

Sources.

• H.R. 10357 as introduced, on govinfo.gov
• Ways and Means markup and vote, September 16, 2026
• Joint Committee on Taxation, description of the bill (JCX-47-26)
• Joint Committee on Taxation, the committee's changes (JCX-50-26)
• Joint Committee on Taxation, revenue estimate (JCX-48-26)