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Crypto taxes take center stage

July 21, 2025

Clark Hill intern Kristina Aleksanyan contributed to this article. 

On July 16, the House Ways and Means Oversight Subcommittee held a hearing titled Making America the Crypto Capital of the World: Ensuring Digital Asset Policy Built for the 21st Century. The hearing confronted the widening gap between the U.S. tax code and the realities of a fast-maturing crypto ecosystem. Lawmakers on both sides revealed a growing legislative appetite to bring what they and a variety of industry participants deem long-overdue clarity to the tax laws governing the crypto market.

Led by Subcommittee Chair Rep. David Schweikert (R-AZ), who has advocated for rational and flexible tax treatment of digital assets, lawmakers advanced proposals that ranged from de minimis exemptions for small transactions to clearer treatment of staking rewards and retirement account eligibility. Rep. Max Miller (R-OH) emerged as a key driver of future legislation, announcing plans to introduce draft legislation outlining “a comprehensive tax framework for digital assets.” Miller said that this legislation would, “provide clarity for consumers, innovators and investors,” as well as “ease the reporting burden for de minimis transactions; modernize wash sale rule and mark to market elections for traders and institutions; provide clear guidance on staking, mining and income recognition; and improve the treatment of charitable contributions, landing and qualified retirement plans.”

Supporters of reform repeatedly stressed the economic stakes. Representatives like Elizabeth Van Duyne (R-TX) and Michael Carey (R-OH) framed the conversation in terms of job creation, global competitiveness, and the risk of ceding leadership to more agile jurisdictions. And while proponents of the tax code changes are largely on the Republican side of the aisle, Democrat Rep. Steven Horsford (D-NV) joined the fray, striking a more conciliatory tone and highlighting the potential of crypto tools for financial inclusion and pledging to work toward bipartisan tax clarity.

Still, Democrats broadly expressed skepticism. Several members, including Reps. Terri Sewell (D-AL) and Suzan DelBene (D-WA) raised alarms about IRS enforcement capacity and crypto’s susceptibility to fraud and abuse. Others went further, linking pro-crypto policies to President Trump’s controversial ventures in the space, such as the “World Liberty Coin,” and framing deregulation as a gateway to systemic risk and corruption.

The hearing made one thing clear: crypto tax policy is a pressing issue. It now intersects with some of the most serious debates in Washington, ranging from economic modernization to geopolitical competitiveness. With new legislation on the horizon and intensifying political scrutiny, stakeholders across the digital asset landscape would be wise to engage early and proactively. The window to shape a balanced, innovation-friendly tax regime is open, but it won’t stay open for long.

This publication is intended for general informational purposes only and does not constitute legal advice or a solicitation to provide legal services. The information in this publication is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act upon this information without seeking professional legal counsel. The views and opinions expressed herein represent those of the individual author only and are not necessarily the views of Clark Hill PLC. Although we attempt to ensure that postings on our website are complete, accurate, and up to date, we assume no responsibility for their completeness, accuracy, or timeliness.

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