Two Senators Propose Exemptions to Crypto Tax Reporting Required By US Infrastructure Bill
U.S. Senators Mark Warner (D-Va.) and Kyrsten Sinema (D-Ariz.) on Saturday updated their amendment modifying a crypto tax reporting provision in the Senate’s landmark infrastructure bill.
The original amendment, introduced late Thursday, would exclude cryptocurrency miners who are involved in validating transactions on distributed ledgers and companies that are selling private key hardware or software wallets.
An initial updated version would broaden the exemption beyond just proof-of-work validators, but a second revision appears to only exempt proof-of-work and proof-of-stake validators.
Related: Senate’s Infrastructure Bill: What to Expect on Saturday
The Senate is expected to vote on both this amendment, as well as a directly competing amendment written by Senators Ron Wyden (D-Ore.), Cynthia Lummis (R-Wyo.) and Pat Toomey (R-Pa.). This amendment would exempt a broader swath of non-broker entities from the provision.
The current version of the crypto reporting provision in the bill would broaden the definition of a “broker” to any entity within the cryptocurrency industry that facilitates the transfer of digital currencies for another person. Opponents of the provision have said that it would force miners, hardware and software developers to track transactions of individuals who are not their direct customers.
Jerry Brito, executive director of crypto advocacy think tank Coin Center, noted on Twitter that the amendment didn’t include protocol developers.
Early Saturday, the Senate invoked cloture by a tally of 67-27. This is the first procedural step toward passing the bill. By invoking cloture, the Senate is limiting debate on the measure to 30 hours, thus allowing for a final vote by the chamber later Saturday or on Sunday.
Related: Tesla’s Musk Urges Lawmakers Weighing Infrastructure Bill’s Tax Provision Not to Pick Crypto ‘Winners or Losers’
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CORRECTION (August 8, 19:05 UTC): An earlier version of this story said U.S. Senators Ron Wyden (D-Ore.) and Kyrsten Sinema (D-Ariz.) had introduced the amendment. The amendment was introduced by Mark Warner (D-Va.) and Sinema. Adds updates throughout.
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How cryptocurrency became a powerful force in Washington
The various political coalitions that have emerged around the issue do not fall neatly along partisan lines. Toomey, an advocate of laissez faire economic policies, has praised the innovative technology. He’s one of the few lawmakers on Capitol Hill who has in recent months, as the top Republican on the Senate Banking Committee, made it his mission to understand and embrace blockchain technology, hiring a crypto expert for his staff and becoming a go-to for the industry.