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Clarity Act and Crypto Tax Loophole: White House Billions Dollar Proposal



Besides the Clarity Act, the White House’s 2026 budget proposal targets the wash sale loophole that lets crypto traders harvest losses and immediately rebuy. It’s an illegal practice for stock investors, but entirely legal under current digital asset rules.

The proposal would apply wash sale rules to crypto for the first time, treating digital assets the same as traditional securities for tax purposes. It also includes a 30% excise tax on electricity used for crypto mining via the DAME (Digital Asset Mining Energy) tax, and a FATCA reporting requirement for U.S. taxpayers holding more than $50,000 in foreign crypto accounts.

Key Takeaways

White House Budget 2026 proposes applying wash sale rules to crypto, closing a loophole unavailable to equity traders

Treasury estimates the change generates $5.4 billion in revenue over 10 years

A 30% Mining Tax on electricity costs targets proof-of-work operations directly

FATCA reporting would extend to foreign crypto accounts over $50,000

The proposal faces a difficult legislative path in a Congress that has been moving toward pro-crypto regulation

What the Wash Sale Rule Does

Under current law, the wash sale rule blocks stock investors from claiming a tax loss if they repurchase the same or substantially identical security within 30 days. Crypto is classified as property, not a security, which means that the rule does not apply.

Traders have used this gap aggressively, selling a Bitcoin position at a loss to lock in a deduction, then rebuying immediately to maintain exposure. That is tax-loss harvesting, and for crypto holders, it has been completely legal.

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