H.R. 10357 Breakdown: Inside the Historic U.S. Federal Crypto Tax Framework

H.R. 10357, the Digital Asset Tax Certainty Act, is a major U.S. cryptocurrency tax legislation proposal that would establish clearer federal rules for digital assets. 

The House Ways and Means Committee approved the bill 38-5 on September 16, 2026, advancing it towards consideration by the full House.

The bill could change how U.S. taxpayers handle crypto transactions, network fees, wash sales, stablecoins, lending, mining, staking and reporting. 

However, H.R. 10357 is not yet law, so taxpayers should continue following the rules currently in effect until Congress passes and enacts new legislation.

Key Takeaways

• H.R. 10357, the Digital Asset Tax Certainty Act, passed the House Ways and Means Committee 38-5 on September 16, 2026.
• The bill proposes new crypto tax rules covering small transactions, wash sales, stablecoins, lending, mining, staking and reporting.
• The proposal still needs to move through the legislative process, so it does not yet change how U.S. taxpayers calculate or pay crypto taxes.

What Is H.R. 10357?

H.R. 10357 is a U.S. House bill formally titled the Digital Asset Tax Certainty Act. It was introduced on September 14, 2026, by Representative Jason Smith and referred to the House Committee on Ways and Means.

The legislation seeks to amend the Internal Revenue Code to establish specific tax treatment for digital assets. 

Its provisions cover both everyday transactions and investment activity, while also creating additional rules for businesses and taxpayers involved with digital assets.

The bill is significant because it attempts to address several areas where existing federal tax rules have been difficult to apply to crypto activity.

Is H.R. 10357 already law?

No. H.R. 10357 has passed the House Ways and Means Committee but has not yet become federal law.

The committee ordered the bill favourably reported to the House after a 38-5 roll-call vote. Several amendments were considered during the September 16 markup, including amendments that were not adopted.

The next stage is consideration by the full House. Further legislative action would still be required before the proposed provisions could become binding federal tax law.

Read Also: Crypto Tax Filing Deadlines and Requirements for 2026

What Would the Digital Asset Tax Certainty Act Change?

H.R. 10357 covers several areas of cryptocurrency taxation. The main provisions concern transaction fees, investment taxation, anti-abuse rules, stablecoins, lending, mining, staking and taxpayer reporting.

The exact application depends on the final legislative text, amendments and effective dates.

How Would the Crypto Transaction Tax Rules Change?

One of the more notable provisions concerns small crypto-related payments.

The legislation would establish a de minimis exemption for certain qualifying network or transaction fees of $10 or less. 

The provision is designed to reduce the tax-compliance burden created when small digital asset payments can otherwise generate taxable events.

The proposed exemption would not apply universally. The legislation includes conditions around the type of transaction and the taxpayer's previous digital asset activity.

This means the provision should not be interpreted as a blanket exemption from crypto taxation on every transaction below $10.

The bill also aims to address the broader problem of treating routine digital asset use in the same way as larger investment transactions.

Would H.R. 10357 Introduce Crypto Wash Sale Rules?

Yes. H.R. 10357 would extend existing wash-sale rules to certain traded digital assets.

Under the proposed framework, specified traded digital assets would generally be brought within the existing tax rules that restrict claiming a loss after selling an asset and acquiring the same or substantially similar asset within the applicable period. 

Qualified U.S. dollar stablecoins are treated separately under the proposed provisions.

This could be significant for taxpayers who use tax-loss harvesting strategies involving crypto.

Under current federal treatment, the application of the existing wash-sale provision to digital assets has differed from its application to stocks and securities. H.R. 10357 would change that treatment if enacted.

The proposed measure therefore represents both a clarification and a potential restriction for certain crypto tax strategies.

What Would H.R. 10357 Do for Stablecoins?

Stablecoins receive specific treatment under the bill.

The proposed framework addresses certain U.S. dollar stablecoins and establishes rules for transactions involving them. It also includes provisions covering stablecoin lending and how certain transactions should be treated for tax purposes.

The legislation is intended to distinguish stablecoin activity from other digital asset transactions where the tax characteristics can be materially different.

However, the precise treatment would depend on whether a particular asset and transaction meet the definitions contained in the legislation.

Read Also: Germany Plans to Eliminate Crypto Capital Gains Tax

How Would the Bill Affect Crypto Lending?

H.R. 10357 also introduces rules for certain digital asset lending transactions.

The objective is to provide clearer tax treatment for transactions in which digital assets are loaned and later returned. 

This addresses an area where traditional tax concepts do not always map neatly onto digital asset arrangements.

The bill's lending provisions form part of its broader attempt to create specific statutory treatment for activities that have developed faster than existing tax rules.

What Does H.R. 10357 Say About Mining and Staking?

Mining and staking are specifically addressed in the proposed legislation.

The bill defines digital asset validation supporting activities to include activities such as mining and staking. 

It also establishes provisions addressing the federal tax treatment and sourcing of income connected with these activities.

Importantly, the version considered by Ways and Means did not include a proposed provision that would allow miners and stakers to defer recognition of rewards until the assets are sold. 

The bill therefore should not be described as creating a general tax-deferral rule for staking or mining rewards.

This distinction matters because earlier proposals had focused on changing the timing of taxation for digital asset rewards.

Would Crypto Reporting Requirements Change?

Yes. Reporting is another major component of H.R. 10357.

The bill seeks to streamline some reporting requirements while establishing clearer obligations for digital asset brokers and other participants. 

The legislation is designed to reduce unnecessary compliance burdens while creating a clearer reporting framework for digital assets.

The legislation also proposes a voluntary disclosure programme focused specifically on digital assets. 

Under the proposal, the programme would be administered by the Treasury Department and could provide reduced penalties for eligible taxpayers seeking to address previous digital asset reporting or tax issues.

Read Also: Netherlands Crypto Tax on Unrealized Gains 2028

Would H.R. 10357 Change How Investors Pay Crypto Taxes?

Potentially, but not immediately.

If enacted in its current form, the legislation could change how certain investors calculate losses, handle small transactions, report digital asset activity and treat specific lending or stablecoin transactions.

The proposed wash-sale rules could be particularly relevant for active investors because certain loss-realisation strategies could become subject to restrictions that currently do not apply in the same way to digital assets.

However, the bill is still moving through Congress. Until it becomes law and its effective dates arrive, existing federal tax rules remain applicable.

Why the House Ways and Means Vote Matters

The September 16 committee vote is an important legislative milestone because the Ways and Means Committee has jurisdiction over federal tax legislation in the House.

H.R. 10357 passed the committee 38-5, and the committee ordered it favourably reported to the House.

The vote does not mean that the full House has approved the bill. It also does not guarantee that every provision will remain unchanged during the rest of the legislative process.

For crypto taxpayers, the distinction is important: the committee vote advances the proposal, but it does not itself change federal tax obligations.

What Happens Next for H.R. 10357?

The bill now moves towards consideration by the full House.

If the House passes legislation based on H.R. 10357, additional congressional steps would still be necessary before the proposed tax framework could become law. Changes to the legislation are also possible as lawmakers consider the bill.

As a result, the September 16 committee version should be treated as the current legislative proposal rather than a final set of tax rules.

Taxpayers should therefore avoid changing their tax strategy solely because of the committee vote.

What Could H.R. 10357 Mean for Crypto Investors?

For U.S. crypto investors, the proposed framework could create both clearer rules and new compliance considerations.

Small qualifying transaction fees could receive specific relief, while wash-sale provisions could limit certain tax-loss harvesting strategies. Investors involved in stablecoins, lending or other digital asset activities could also receive more defined tax treatment.

The wider significance is that Congress is attempting to establish rules specifically designed for digital assets rather than relying entirely on tax concepts developed for traditional assets.

That could reduce uncertainty in some areas while introducing new obligations in others.

Conclusion

H.R. 10357 represents a broad proposal to establish a more specific federal tax framework for digital assets in the United States. Its provisions cover small transaction fees, wash sales, stablecoins, lending, mining, staking and reporting.

The Digital Asset Tax Certainty Act passed the House Ways and Means Committee 38-5 on September 16, 2026, but it is not yet law. The full House and subsequent legislative steps remain ahead, meaning the final rules could still change before any new requirements take effect.

FAQ

What is H.R. 10357?

H.R. 10357 is the Digital Asset Tax Certainty Act, a proposed U.S. federal bill that would reform the tax treatment of digital assets.

Did H.R. 10357 pass the House?

No. The bill passed the House Ways and Means Committee by 38-5 on September 16, 2026, but it has not yet been approved by the full House.

Will H.R. 10357 change how I pay taxes on crypto?

Not yet. H.R. 10357 is still legislation under consideration. If enacted, it could change rules covering transactions, wash sales, reporting, lending, stablecoins, mining and staking.

Does H.R. 10357 create a crypto wash sale rule?

Yes. The proposed legislation would extend wash-sale rules to specified traded digital assets, subject to the definitions and exceptions contained in the bill.

Does H.R. 10357 make staking rewards tax-free?

No. The bill does not establish a general tax-free treatment for staking rewards. The version considered by Ways and Means also did not include a broad deferral of mining or staking reward taxation until sale.

Disclaimer: The views expressed belong exclusively to the author and do not reflect the views of this platform. This platform and its affiliates disclaim any responsibility for the accuracy or suitability of the information provided. It is for informational purposes only and not intended as financial or investment advice.