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US Congressman Reintroduces Bill With Tax Protections for Investors With Forked Crypto Assets

The legislation would outlaw penalizing taxpayers until the IRS clarifies its policies.

Updated Sep 14, 2021, 12:56 p.m. Published May 18, 2021, 8:00 a.m.
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One of Congress’s biggest advocates for cryptocurrency reintroduced legislation Monday that would protect taxpayers from penalties on certain gains or losses on forked assets.

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  • Rep. Tom Emmer (R-Minn.) first presented the Safe Harbor for Taxpayers with Forked Assets Act in 2018 and then again in 2019 to address what critics have viewed as a gap in the IRS’ approach to taxing income derived from hard forks.
  • In October 2019 guidance, the Internal Revenue Service said any new cryptocurrency generated by hard forks (when blockchains split into two networks, each with a native asset) would count as taxable income.
  • The IRS' determination followed a letter earlier that year from Emmer and other lawmakers asking the agency to clarify its policies on cryptocurrency.
  • In a press release Monday, Emmer said the latest IRS guidance has "unfairly punished" those investing in an emerging technology, adding that "what has been issued by the IRS so far is not pragmatic."
  • Emmer is the ranking Republican on the House Financial Services Committee's Task Force on Financial Technology.

Read more: IRS Taps TaxBit to Audit Bulk Crypto Transactions

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U.S. Congress (Jesse Hamilton/CoinDesk)

The Senate is approaching a potential markup that may advance crypto legislation to a vote, and industry insiders are amassing for a lobbying push this week.

What to know:

  • The U.S. Senate is potentially as close as it's ever been to a crypto market structure law, as the Senate Banking Committee's chairman said the panel will be ready to mark up the latest draft next week.
  • It's still unclear how much Democrats might push back against this timeline, considering most of the big-ticket disputes remain to be resolved between the parties.
  • A negotiation document that emerged after a meeting among senators on Tuesday demonstrates that many of the Democrats' requests have potentially been satisfied, but key concerns over the ethics of senior government officials, the treatment of DeFi and the question of stablecoins offering yield still await answers.
  • Crypto insiders will visit Senate offices this week to cheer on the negotiations.