H.R. 9172

119 HR 9172 IH: Applying Existing Tax Anti-Abuse Rules to Digital Assets Act
 U.S. House of Representatives
 2026-06-08
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 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 I  119th CONGRESS  2d Session  H. R. 9172  IN THE HOUSE OF REPRESENTATIVES   June 8, 2026   Mr. Arrington  introduced the following bill; which was referred to the  Committee on Ways and Means    A BILL
To amend the Internal Revenue Code of 1986 to apply the wash sale rules and constructive sale rules to digital assets, and for other purposes.
1.
Short title; etc
(a)
Short title
This Act may be cited as the   Applying Existing Tax Anti-Abuse Rules to Digital Assets Act  .
(b)
References
Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986.
(c)
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; etc.
Sec. 2. Application of wash sale rules to digital assets.
Sec. 3. Application of constructive sale rules to digital assets.
Sec. 4. Definitions.
Sec. 5. Rules of construction.
2.
Application of wash sale rules to digital assets
(a)
In general
 Section 1091  is amended—
(1)
by striking  stock or securities  each place it appears and inserting  specified assets , and
(2)
by striking  shares of  each place it appears.
(b)
Specified asset
 Section 1091  is amended by adding at the end the following new subsection:
(g)
Specified asset
For purposes of this section—
(1)
In general
The term  specified asset  means—
(A)
any stock or security, and
(B)
any digital asset other than a qualified U.S. dollar stablecoin.
(2)
Contracts and options
Except as otherwise provided in regulations, the term  specified asset  includes any contract or option to acquire or sell any specified asset described in paragraph (1).
(3)
Treatment of tokenized digital assets as substantially identical to an economically equivalent stock or security
A tokenized digital asset (and a wrapped digital asset with respect to which the reference digital asset is a traded digital asset) shall be treated as substantially identical to any stock, security, or digital asset if such tokenized digital asset (or such wrapped digital asset) is economically equivalent to such stock, security, or digital asset.
(4)
Functional currency other than the dollar
In the case of any taxpayer or qualified business unit (as defined in section 989(a)), a qualified U.S. dollar stablecoin shall not be treated as a qualified U.S. dollar stablecoin for purposes of paragraph (1)(B) if such taxpayer or qualified business unit uses a functional currency other than the dollar.
 .
(c)
Exception for certain acquisitions of digital assets acquired in connection with validation of digital asset transactions
Section 1091, as amended by subsection (b), is amended by adding at the end the following new subsection:
(h)
Exception for certain acquisitions of digital assets acquired in connection with the validation of digital asset transactions
The acquisition of a digital asset shall not be taken into account under this section if such digital asset is acquired in connection with the validation of digital asset transactions (including digital asset validation supporting activities).
 .
(d)
Conforming amendments
(1)
 Section 1091(a)  is amended by striking the last sentence.
(2)
Section 1091(e) (as amended by subsection (a)) is amended to read as follows:
(e)
Certain short sales of specified assets and specified asset futures contracts
  To sell
Rules similar to the rules of subsection (a) shall apply to any loss realized on the closing of a short sale of (or the sale, exchange, or termination of a specified asset futures contract to sell) specified assets if, within a period beginning 30 days before the date of such closing and ending 30 days after such date—
(1)
substantially identical specified assets were sold, or
(2)
another short sale of (or specified asset futures contracts to sell) substantially identical specified assets was entered into.
  For purposes of this
  subsection, the term “specified asset futures contract” has the meaning provided by
  section 1234B(c).
 .
(3)
The heading of  section 1091  is amended by striking
stock or securities   and inserting
specified assets  .
(4)
The headings of subsections (b), (c), and (d) of section 1091 are each amended by striking
Stock   each place it appears and inserting
Specified Assets  .
(5)
The item relating to section 1091 in the table of sections for part VII of subchapter O of  chapter 1  is amended by striking  stock or securities  and inserting  specified assets .
(6)
 Section 312(f)(1)  is amended by striking  stock or securities  and inserting  specified assets .
(7)
 Section 1256(f)(5)  is amended by striking  stock or securities  and inserting  specified assets .
(8)
 Section 6045(g)(2)(B)(ii)  is amended—
(A)
by striking  stock or securities  and inserting  specified assets , and
(B)
by striking  identical securities  and inserting  identical specified assets .
(e)
Effective date
The amendments made by this section shall apply to dispositions after the date of the introduction of this Act.
(f)
Transition rule relating to broker reporting
For purposes of  section 6045  of the Internal Revenue Code of 1986, in the case of the sale or other disposition before January 1, 2028, of a digital asset to which section 1091 would not have applied but for the amendments made by this section, the customer’s adjusted basis may be determined without regard to section 1091 of such Code.
3.
Application of constructive sale rules to digital assets
(a)
In general
 Section 1259(b)(1)  is amended by inserting  , digital asset (other than a qualified U.S. dollar stablecoin)  after  debt instrument .
(b)
Application of exception for sales of nonpublicly traded property
 Section 1259(c)(2)  is amended by inserting  or widely traded digital asset  after  marketable security (as defined in section 453(f)) .
(c)
Treatment of tokenized digital assets as substantially identical to economically equivalent financial property
 Section 1259(c)  is amended by adding at the end the following new paragraph:
(5)
Treatment of tokenized digital assets as substantially identical to economically equivalent financial property
A tokenized digital asset shall be treated as substantially identical to any stock, debt instrument, or partnership interest if such tokenized digital asset is economically equivalent to such stock, debt instrument, or partnership interest.
 .
(d)
Functional currency other than the dollar
 Section 1259(e)  is amended by adding at the end the following new paragraph:
(4)
Qualified U.S. dollar stablecoins and functional currency other than the dollar
In the case of any taxpayer or qualified business unit (as defined in section 989(a)), a qualified U.S. dollar stablecoin (determined without regard to this paragraph) shall not be treated as a qualified U.S. dollar stablecoin for purposes of this section if such taxpayer or qualified business unit uses a functional currency other than the dollar.
 .
(e)
Effective date
The amendments made by this section shall apply to constructive sales after the date of the introduction of this Act.
4.
Definitions
 Section 7701  is amended—
(1)
by redesignating subsection (p) as subsection (q), and
(2)
by inserting after subsection (o) the following new subsection:
(p)
Definitions related to digital assets
For purposes of this title—
(1)
Digital asset
The term  digital asset  means, except as otherwise provided by the Secretary, any digital representation of value which is recorded on a cryptographically secured distributed ledger or any similar technology as specified by the Secretary.
(2)
Traded digital asset
The term  traded digital asset  means, except as otherwise provided by the Secretary to prevent abuse, any digital asset if—
(A)
such asset is fungible,
(B)
quotations of such asset are readily available on an exchange (or, in the case of an exchange that does not provide quotations, such quotations are readily ascertainable), and
(C)
such asset is either—
(i)
not a tokenized digital asset, or
(ii)
a wrapped digital asset with respect to which the reference digital asset is a traded digital asset.
(3)
Widely traded digital asset
(A)
In general
The term  widely traded digital asset  means, with respect to any taxpayer for any taxable year and except as otherwise provided by the Secretary to prevent abuse, any traded digital asset if—
(i)
quotations for such asset were readily available on an exchange for the entire calendar year which ends in or with the taxable year preceding such taxable year,
(ii)
the market capitalization of such asset exceeded $500,000,000 at substantially all times during such calendar year, and
(iii)
not more than 10 percent of the units of such asset were owned, directly or indirectly, by the taxpayer or any person described with respect to the taxpayer under section 267(b) (applied without regard to section 267(c)(3)) or section 707(b)(1) at any time during such taxable year or such preceding taxable year.
(B)
Special rule for wrapped digital assets
In the case of any wrapped digital asset, except as otherwise provided by the Secretary to prevent abuse, such asset shall be treated as a widely traded digital asset if, and only if, the reference digital asset with respect to such wrapped digital asset is a widely traded digital asset.
(C)
Authority to ensure reliable price discovery
For purposes of subparagraphs (A) and (B), the term  prevent abuse  includes the exclusion of assets that lack reliable price discovery or that the Secretary determines are at risk of price manipulation.
(D)
Authority to adjust requirements
The Secretary may, by regulation, provide requirements that apply in lieu of one or more of the requirements of clauses (i) through (iii) of subparagraph (A) if the Secretary determines that due to changes in market conditions (including by reason of the enactment of Federal digital asset market structure legislation) that such alternative requirements would more effectively or efficiently identify traded digital assets for which there is consistent and reliable price discovery.
(E)
Inflation adjustment
In the case of any calendar year after 2027, the $500,000,000 amount in subparagraph (A)(ii) shall be increased by an amount equal to—
(i)
such dollar amount, multiplied by
(ii)
the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting  calendar year 2026  for  calendar year 2016  in subparagraph (A)(ii) thereof.
 Any increase determined under the preceding sentence which is not a multiple of $100,000 shall be rounded to the nearest multiple of $100,000.
(4)
Tokenized digital asset
The term  tokenized digital asset  means any digital asset (other than any qualified U.S. dollar stablecoin) if more than an insignificant portion of the value of such digital asset is related to anything other than the operation of the cryptographically secured distributed ledger on which such digital asset is recorded.
(5)
Wrapped digital asset
The term  wrapped digital asset  means, except as otherwise provided by the Secretary to prevent abuse, any digital asset if such asset—
(A)
is redeemable on demand, on a one-for-one basis, for another digital asset, and
(B)
is recorded on a cryptographically secured distributed ledger other than the cryptographically secured distributed ledger on which the digital asset referred to in subparagraph (A) is recorded.
(6)
Reference digital asset
(A)
In general
The term  reference digital asset  means, with respect to any wrapped digital asset, the digital asset referred to in paragraph (4)(A).
(B)
Special rule for rewrappings
If, but for this subparagraph, the reference digital asset with respect to any wrapped digital asset would be a wrapped digital asset (hereafter referred to in this paragraph as the lower-tier wrapped digital asset)—
(i)
subparagraph (A) shall be applied with respect to such lower-tier wrapped digital asset, and
(ii)
the reference digital asset with respect to such lower-tier wrapped digital asset shall be treated as the reference digital asset of such wrapped digital asset.
(C)
Multiple wrappings
If, after the application of subparagraph (B), the reference digital asset with respect to the lower-tier wrapped digital asset is a wrapped digital asset, such subparagraph shall be reapplied by treating such lower-tier wrapped digital asset as the wrapped digital asset.
(7)
Stablecoin
(A)
Qualified U.S. dollar stablecoin
The term  qualified U.S. dollar stablecoin  means any U.S. dollar stablecoin which is issued by—
(i)
a permitted payment stablecoin issuer (as defined in section 2(23) of the GENIUS Act, as in effect on the date of the enactment of this paragraph), or
(ii)
a foreign payment stablecoin issuer (as defined in section 2(12) of the GENIUS Act, as so in effect) which is permitted under such Act (as so in effect) to offer, sell, or otherwise make available such U.S. dollar stablecoin in the United States.
(B)
U.S. dollar stablecoin
The term  U.S. dollar stablecoin  means a payment stablecoin as defined in section 2(22) of the GENIUS Act (as in effect on the date of the enactment of this paragraph) applied by substituting  dollars  for  monetary value  each place it appears in such section.
(C)
Publication of list
The Secretary shall, to the extent feasible, regularly publish a list of qualified U.S. dollar stablecoins.
(D)
Limited authority to treat stablecoins as money
The Secretary may issue such regulations or other guidance as may be necessary or appropriate to (except as otherwise expressly provided in this title)—
(i)
treat qualified U.S. dollar stablecoins as dollars, and
(ii)
treat other stablecoins as currency if such treatment would increase Federal revenues.
(8)
Digital asset transaction
The term  digital asset transaction  means any transfer of a digital asset recorded on the cryptographically secured distributed ledger (or similar technology) referred to in paragraph (1).
(9)
Digital asset validation supporting activities
The term  digital asset validation supporting activities  means staking, mining, or similar activities in support of the validation of digital asset transactions.
(10)
Validation
The term  validate , and any derivative of such term (including  validation ), when used in connection with a digital asset transaction, includes the processes of proposing transactions for validation and verifying the validation of transactions.
(11)
Staking
The term  staking , when used in connection with a digital asset, means—
(A)
making such asset available in support of the validation of digital asset transactions, and
(B)
except as otherwise provided by the Secretary, any substantially similar activity.
(12)
Mining
The term  mining , when used in connection with a digital asset, means—
(A)
performing computations, or making available computing power, in support of the validation of digital asset transactions, and
(B)
except as otherwise provided by the Secretary, any substantially similar activity.
 .
5.
Rules of construction
(a)
No inference with respect to application of other provisions of law
Except as otherwise expressly provided by this Act (or an amendment made by this Act) with respect to the application of one or more provisions of the Internal Revenue Code of 1986, nothing in this Act (or any amendment made by this Act) shall be construed to create an inference that a digital asset does or does not constitute a security, a commodity, debt, equity, stock, a partnership interest, or an interest in a trust, for purposes of any provision of law.
(b)
No inference with respect to prior periods
No provision of this Act (or any amendment made by this Act) shall be construed to create any inference with respect to the proper application of any provision of the Internal Revenue Code of 1986 with respect to any period before the period to which such provision or amendment applies.