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Glossary · Crypto tax

De minimis crypto exemption

A de minimis crypto exemption is a proposed law that would exempt very small crypto transactions from tax.

Updated · Sources

No de minimis exemption for crypto exists in US law as of September 2026. The IRS requires you to report every taxable crypto transaction, whether or not a form reports it. If you spend $20 of bitcoin that cost you $15, you have a $5 taxable gain.

The $600 and $10,000 figures in the Form 1099-DA rules are reporting thresholds. They decide only when a broker must report certain sales to the IRS, and they have no effect on what you owe.

Two pending bills would create narrow exemptions. The House bill is H.R. 10357, the Digital Asset Tax Certainty Act, introduced on September 14, 2026. Starting in 2028, it would exempt the gain or loss on crypto spent on a network fee of $10 or less. A trading fee would qualify only if paid in the coin traded. Crypto traders, brokers and dealers could not use it, and neither could anyone with more than 5,000 transfers the year before.

The Senate bill, S. 2207, was introduced on June 30, 2025. It would exempt the gain or loss on crypto spent on a personal purchase of $300 or less. Exempt gains would be capped at $5,000 a year.