Key Provisions of H.R. 9175
The bill would add a new Internal Revenue Code subchapter for “newly minted digital assets” received in connection with validating digital asset transactions. In the baseline rule, the fair market value of a newly minted digital asset would be included in gross income as ordinary income when acquired, and that amount would be taken into account in determining the taxpayer’s basis.
- Deferral election: Taxpayers could elect to exclude qualified newly minted digital assets from gross income at acquisition and instead capitalize specified acquisition costs. The proposal would generally recognize gain or loss when the asset is disposed of, with gain treated as arising from property that is not a capital asset.
- Mining and staking scope: The bill defines digital asset validation supporting activities to include staking, mining, or similar activities supporting the validation of digital asset transactions.
- Sourcing rules: Income from acquisition or disposition of assets received through validation would generally be sourced based on U.S. resident or nonresident status at the relevant acquisition or disposition time, with additional branch and partnership rules.
- Trust staking provision: Certain entities or arrangements would not fail to be treated as trusts solely because a trustee stakes digital assets, retains or distributes staking rewards, selects assets for staking, or manages liquidity for redemptions.