Crypto language in the infrastructure bill is a political shell game, says Cointelegraph GC

Published at: Aug. 18, 2021

Zachary Kelman, general counsel of Cointelegraph, said that the political fight over the tax implications for crypto in the United States infrastructure bill is nothing new, as it’s likely about how lawmakers plan to pay for everything.

In an interview with Cointelegraph's Jackson DuMont, Kelman claimed that senators pushing the crypto language in the infrastructure bill — which ultimately passed in the U.S. Senate after one senator objected to a clarifying amendment — may have been more influenced by political concerns than ones potentially affecting the crypto space. Namely, the general counsel claimed that lawmakers know that crypto firms “can't actually acquiesce” to the proposed tax reporting requirements but needed the language to essentially win over senators concerned about paying the bill.

According to Kelman, Republicans and moderate Democrats may be supportive of the bill but want the language to have a provision to fund some of the roads, bridges and major infrastructure projects proposed without actually having to raise taxes.

“This rule, along with many other rules, is about enforcement. It's about — without having to say we're going to raise the cap gains rate, we're going to raise corporate tax rates, which sends a bad market signal,” said Kelman. “They're sort of saying, this money is out there in crypto land [...] and that we're going to find new ways of capturing that tax revenue.”

He added:

“It's a bit of a shell game to show them, ‘Look, we are going to be able to pay for this.’”

Related: Treasury to the rescue? Officials to clarify crypto tax reporting rules in infrastructure bill: Report

The infrastructure bill, HR 3684, passed the Senate in a 69-30 vote on Aug. 10. Notably, despite the lack of an amendment clarifying the crypto language in the bill, four of the senators pushing for such clarification — Rob Portman, Mark Warner, Kyrsten Sinema and Ron Wyden — all voted in favor of the deal, with only Pat Toomey and Cynthia Lummis voting "nay." The bill will now go to the House of Representatives, where it likely won’t be put to a vote until later this year.

Watch the full interview with Zachary Kelman on Cointelegraph's YouTube channel here. 

Tags
Law
Related Posts
Crypto space weighs in on proposed amendments to US infrastructure deal
With more than one amendment proposed to the United States infrastructure plan that would modify a provision on cryptocurrencies, some figures in the space are going against the one with White House support. Digital rights advocacy group Fight for the Future said today it would not support the amendment crafted by Senators Mark Warner, Rob Portman and Kyrsten Sinema to address the issue of clarifying the language used concerning crypto in the bipartisan infrastructure bill. According to the group, the proposed amendment gets “a resounding no” as a possible solution to the bill which “fundamentally misunderstands how cryptocurrency and decentralization …
Regulation / Aug. 6, 2021
Some US lawmakers want Bitcoin miners to be exempted from proposed crypto taxes
Lawmakers in the United States have called for caution regarding implementing a proposed tax policy that could have significant implications for America’s crypto space. As previously reported by Cointelegraph, an expanded crypto taxation regime was a last-minute addition to the $1-trillion infrastructure deal currently being debated in Congress. According to the proposed amendments, tighter rules on crypto reporting requirements could provide $28 billion in additional funding for the government. However, Senator Patrick Toomey is among a group of senators who have warned of the broad language used in the expanded crypto tax policy. According to a Washington Post article, Toomey …
Bitcoin / Aug. 3, 2021
The global corporate tax rate: Crypto savior or killer?
At a meeting in London earlier this month, the finance ministers from the G7 — the United States, Japan, Britain, Germany, France, Italy and Canada — unanimously agreed to begin creating the framework for a global corporate tax rate. The framework laid out a “two pillar” principle. The first pillar ensures that companies that make a 10% profit margin would be subject to the tax rate. The second pillar ensures that countries will charge a 15% minimum tax rate. Under all of this, the new rules will focus on where the profit was made and not where the company is …
Regulation / June 10, 2021
Things to know (and fear) about new IRS crypto tax reporting
The Infrastructure Investment and Jobs Act (H.R. 3684) put crypto in the crosshairs, where Congress and the Internal Revenue Service (IRS) hope to scoop up enormous tax dollars. This reporting regime is projected to rake in an astounding $28 billion over the next ten years. No other provision in this massive recently enacted federal law is supposed to produce tax dollars that are even close. If you don’t think that means the IRS is coming for your crypto in a very big way and that Congress is trying hard to facilitate it, think again. The crypto community was outraged when …
Blockchain / Dec. 4, 2021
Biden is hiring 87,000 new IRS agents — and they're coming for you
The Inflation Reduction Act, signed into law this month by President Joe Biden, empowers the IRS with nearly $80 billion in new funds. The world’s most powerful tax collection agency is using the money to go on a hiring spree to fuel much tougher enforcement efforts. It is widely assumed that the audits will be brutal and widespread. Taxes start with tax returns, which must be signed under penalties of perjury. The Biden administration has said that the audits on steroids are for fat cats who have escaped having to pay their fair share for too long. The administration has …
Regulation / Aug. 19, 2022