House Lawmakers Propose Staking Tax ‘Safe Harbor’ as IRS Guidance Falls Short

A bipartisan pair of U.S. House lawmakers released a draft proposal Saturday aiming to codify tax shelters for stablecoin users and staking rewards, seeking to plug gaps left by recent agency guidance. The legislative push comes as the crypto market braces for a potential bear turn, with Bitcoin testing support near $70,000.

The Tax Fix

The draft legislation, reported by Bloomberg, targets two persistent friction points for retail crypto adoption: the "coffee cup" tax event and the taxation of phantom income.

Under current rules, spending stablecoins can trigger capital gains reporting for minuscule value fluctuations. The bill proposes a de minimis exemption, effectively treating small stablecoin transactions as tax-neutral. For stakers, the safe harbor would defer taxation on rewards until the assets are sold, classifying them as "created property" rather than immediate income. This mirrors the treatment of harvested crops or mined commodities, a long-standing request from industry lobbyists.

"It addresses the practicality of payments. Nobody should be calculating capital gains on a $5 latte," a policy aide close to the drafting committee noted.

Institutional Context

The proposal arrives just weeks after the IRS issued Revenue Procedure 2025-31, which granted similar safe harbor protections specifically to exchange-traded products (ETPs) and trusts. While that guidance cleared the runway for institutional spot ETFs to stake assets, it left retail investors exposing themselves to immediate tax liabilities upon receipt of rewards.

This legislative move appears designed to harmonize the tax code, ensuring individuals aren’t penalized for activities now sanctioned for BlackRock and Fidelity. However, with the "STABLE Act" and Senate’s "GENIUS Act" already clogging the legislative calendar, the bill faces a steep climb in a polarized Congress.

Market Reaction

Price action remained muted on the news. Lido DAO (LDO) and Rocket Pool (RPL), liquid staking protocols that stand to benefit most from the clarity, failed to decouple from the broader market malaise. Sentiment remains weighed down by macro headwinds, with traders largely ignoring regulatory nuances in favor of preserving capital.

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Amir Rocha

// Crypto News Reporter

I’m Amir Rocha, a reporter who believes you shouldn't need a computer science degree to understand the future of money. I spend my days translating technical developments from Zero-Knowledge rollups into clear, actionable insights for SEC filings. After 8 years in the blockchain space, I’ve learned that the most important story isn't the price, but the technology underneath. I write to help you spot the difference between genuine innovation and a marketing gimmick

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