US lawmakers push to fix staking ‘double taxation’ before 2026

cointelegraphPublished on 2025-12-22Last updated on 2025-12-22

Abstract

A bipartisan group of 18 U.S. lawmakers is urging the Internal Revenue Service (IRS) to revise crypto staking tax laws before 2026. In a letter led by Republican Mike Carey, they argue the current rules result in "double taxation" by taxing staking rewards both when received and again when sold. They propose taxing rewards only at the time of sale to reflect the staker's actual economic gain. The lawmakers claim the existing policy discourages participation in staking, which is essential for blockchain security and U.S. leadership in digital assets. Separately, representatives Miller and Horsford introduced a draft proposal to exempt small stablecoin transactions from capital gains taxes and allow a deferral option for staking and mining income recognition for up to five years.

A group of 18 bipartisan US House lawmakers is pushing the country’s tax agency to review its rules on crypto staking taxes before the start of 2026.

In a letter sent to Internal Revenue Service acting commissioner Scott Bessent on Friday, the lawmakers, led by Republican Mike Carey, asked for a review and update guidance on "burdensome" crypto staking tax laws.

“This letter is simply requesting fair tax treatment for digital assets and ending the double taxation of staking rewards is a big step in the right direction,” Carey said.

The letter calls for taxes from staking rewards to be applied at the time of sale, so that “stakers are taxed based on a correct statement of their actual economic gain.”

Mike Carey is leading lawmakers to change crypto staking tax rules. Source: Mike Carey

The lawmakers argued that the current laws, which see stakers taxed upon receiving rewards and again when selling them, are hindering participation in the staking market, when the laws should be designed to support a fundamental part of certain blockchains.

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“Millions of Americans own tokens on these networks. Network security — and American leadership — requires those taxpayers to stake those tokens, but today the administrative burden and prospect of over taxation discourages that participation,” the lawmakers wrote.

The letter concludes by asking if there are any administrative barriers to updating the guidance before the end of the year, and asserts that they should be changed to support the current administration’s goal of “strengthening U.S. leadership in digital asset innovation.”

Not the only push for changes to crypto tax rules

On Saturday, House representatives Max Miller and Steven Horsford also introduced a discussion draft aiming to ease the tax obligations on crypto users by exempting small stablecoin transactions from capital gains taxes and offering a deferral option for staking and mining rewards.

In terms of staking, the reps went a slightly different route by opting for a referral option as opposed to a complete change in the current laws.

The proposal outlines that taxpayers would be allowed to elect to defer income recognition on staking or mining rewards for up to five years, rather than being taxed immediately after receiving them.

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Related Questions

QWhat is the main issue that US lawmakers are addressing regarding crypto staking taxes?

AUS lawmakers are pushing to fix the 'double taxation' issue where stakers are taxed both when they receive staking rewards and again when they sell them.

QWho is leading the bipartisan group of lawmakers in sending the letter to the IRS?

ARepublican Mike Carey is leading the group of 18 bipartisan US House lawmakers.

QWhat specific request did the lawmakers make in their letter to the IRS regarding the timing of taxation?

AThe lawmakers requested that taxes from staking rewards be applied at the time of sale, rather than upon receipt, to reflect the staker's actual economic gain.

QWhat is one of the arguments made by the lawmakers about the current staking tax rules?

AThe lawmakers argued that the current tax rules are hindering participation in the staking market and discouraging network security, which is a fundamental part of certain blockchains.

QWhat alternative proposal was introduced by House representatives Max Miller and Steven Horsford for staking and mining rewards?

AThey introduced a discussion draft proposing that taxpayers be allowed to elect to defer income recognition on staking or mining rewards for up to five years, instead of being taxed immediately.

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