Treasury Secretary reportedly against amending crypto language in infrastructure bill

Published at: Aug. 6, 2021

On Wednesday, several United States senators proposed an amendment to an infrastructure bill that would clarify language concerning crypto. Even though that proposal seemingly has the support of the White House, U.S. Treasury Secretary Janet Yellen has reportedly come out against the measure.

According to a Friday report from the Washington Post, Yellen raised objections to the proposed amendment with lawmakers on Thursday. She lobbied Senator Ron Wyden regarding the changes which, if added to the bill, would exclude certain crypto companies from the reporting requirements for brokers. Wyden is one of three senators behind the amendment with Cynthia Lummis and Pat Toomey.

The original infrastructure bill currently being considered in the Senate, HR 3684, proposes implementing tighter rules on businesses handling cryptocurrencies and expanding reporting requirements for brokers, mandating that digital asset transactions worth more than $10,000 are reported to the Internal Revenue Service, or IRS. It also suggests that anyone in the business of “validating distributed ledger transactions,” “developing digital assets or their corresponding protocols,” or dealing with mining software or hardware would likely be subject to more tax reporting requirements for digital transactions.

However, the amendment proposed by Wyden, Lummis and Toomey suggests changing the bill’s definition of a broker, likely allowing many players in the crypto space to avoid the additional reporting requirements. The amendment initially received support from major figures in the crypto space as well as Senator Rob Portman, one of the lead Republican voices for negotiations behind the bill.

On Thursday, Portman and Senators Mark Warner and Kyrsten Sinema proposed a modified amendment to the infrastructure deal that would exclude proof-of-mining and sellers of hardware and software wallets. However, the language suggests crypto developers and proof-of-stake validators would still be subject to expanded reporting and taxation that some have described as “unworkable.”

Later that day, White House deputy press secretary Andrew Bates said the Biden administration would support the amendment from Warner and Portman, but not the changes proposed by Wyden, Lummis and Toomey. According to Bates, the former “strikes the right balance and makes an important step forward in promoting tax compliance.” Yellen's position on the modified amendment is unclear.

Yellen's position on the modified amendment is unclear. However, she has previously said that the misuse of cryptocurrencies and virtual assets has been a growing problem in the United States.

Related: Law professor calls for crypto mining regulation during US Senate hearing

The role of language used on cryptocurrencies, mining, and blockchain in the infrastructure plan may play a large part on whether the bill passes in the Senate. Lawmakers have yet to resolve the proposed amendments — the most recent “compromise” from Portman and Warner, the original from Wyden, Lummis and Toomey, and one reportedly from Texas Senator Ted Cruz.

Many senators will not be in session today as they attend the funeral of former Wyoming Senator Mike Enzi, who died in a bicycle accident last week. The government body is also scheduled to be in recess starting on Aug. 9.

Tags
Related Posts
Biden’s proposed capital gains tax rise will hit only richest 0.3%
Following major sell-offs in cryptocurrency markets amid reports of United States President Joe Biden's capital gains tax rise proposal last week, the Biden administration defended nearly doubling tax levies for only the “very, very richest.” A senior Biden administration official claimed that only 0.3% of taxpayers in the U.S. would be affected by higher levies on their investments under the new capital tax plan. “There’s increasing evidence that over recent years in fact many, many of the returns at the very top are what they call above-market rates of return, rents and so on. Taxing the people who are doing …
Bitcoin / April 26, 2021
Crypto language in the infrastructure bill is a political shell game, says Cointelegraph GC
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 …
Regulation / Aug. 18, 2021
NFTs and US taxes: What you should know
Seems like we now all have stories starting with, “What I did during the pandemic...” Most begin with cleaning out the closet and, hey, guess what? That’s where my story starts, but I bet you can’t guess where it ends! Let’s start with what I found in that closet: family photos before the days of digital. I know — memories of boring trips with the kids and people who I either owe money to or who don’t talk to me anymore! And all of these are nicely arranged in photo albums. You know, photo albums. Big, bulky books with strange …
Blockchain / April 24, 2021
IRS Tax Warnings on Ethereum’s Fifth Anniversary
As important as Ethereum has become, even eclipsing Bitcoin (BTC) in some circles, it is no wonder that its fifth birthday has prompted comments — some prophetic, others nostalgic. Few, however, will mark the occasion by thinking about taxes, but that could be shortsighted. The last five years have seen near-tectonic shifts in how investors, exchanges and government agencies see cryptocurrencies. The Internal Revenue Service, or IRS, is at the top of the heap when it comes to tax enforcement. This is plainly true in the United States, and it is increasingly true worldwide, too. In 2008, the IRS and …
Regulation / Aug. 5, 2020
US lawmakers reintroduce bill to stop IRS from taxing crypto transactions under $200
A bill previously introduced by Washington Representative Suzan DelBene aims to exempt crypto users from paying taxes on transactions under $200. According to a Tuesday draft of the Virtual Currency Tax Fairness Act of 2022, Washington Representative Suzan DelBene is seeking to amend the Internal Revenue Code of 1986 to exclude gains from certain personal transactions of virtual currency. If signed into law, the bill could stop the Internal Revenue Service, or IRS, from requiring U.S. filers to pay taxes on capital gains from crypto transactions of $200 or more. “Antiquated regulations around virtual currency do not take into account …
Regulation / Feb. 3, 2022