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Ways and Means takes up the Digital Asset Tax Certainty Act
H.R. 10357 would rewrite how digital assets are taxed and create a federal disclosure program for unreported crypto. Ways and Means advanced it 38–5 on Sept. 16.
Update, September 17, 2026: On September 16, 2026, the Ways and Means Committee ordered H.R. 10357 favorably reported to the House, as amended by an amendment in the nature of a substitute offered by the chairman, by a recorded vote of 38 to 5 (committee record). Section 502, the voluntary disclosure program, is in the text the committee approved. The Joint Committee on Taxation’s description of the substitute (JCX-50-26) says it replaces “the date of the introduction of this Act” with “September 14, 2026” in several effective-date provisions. As of this update, Congress.gov still lists the September 14 referral as the latest action. The report below is as published on September 15, except for the corrections noted at the end.
H.R. 10357, the Digital Asset Tax Certainty Act, was introduced in the House on September 14, 2026 by Rep. Jason Smith (R-MO-8), the chairman of the Ways and Means Committee, with eight cosponsors. It was referred to that committee the same day. The Ways and Means Committee has scheduled a markup for September 16, 2026.
A markup is where a committee debates a bill line by line and votes on amendments before deciding whether to send it to the full chamber. It is a procedural step, not a final outcome — the bill could advance unchanged, be amended, or stall in committee. This report will not speculate on which; we will report what actually happens once the markup concludes.
What the bill would do
H.R. 10357 is broad: its official long title is “To amend the Internal Revenue Code of 1986 to reform the tax treatment of digital assets, and for other purposes.” The full introduced bill text is on govinfo.gov. Two provisions are most relevant to the taxpayers we write for:
- Digital asset tax treatment. Provisions addressing how digital assets are taxed under current law — the same body of law our taxation-of-digital-assets guide explains.
- Section 502 — a federal Voluntary Disclosure Program for digital assets. This would create a formal path back into compliance for taxpayers with unreported digital asset activity, with penalty tiers that scale by whether the taxpayer certifies, under penalty of perjury, that no violation was fraudulent or willful, and by how long they take to come forward. It is the same category of problem our unreported crypto guide already covers under current law — this bill would add a new, purpose-built option alongside the existing ones.
Where it stands
| Sponsor | Rep. Jason Smith (R-MO-8) |
| Cosponsors | 8 |
| Introduced | September 14, 2026 |
| Latest action | Referred to the House Committee on Ways and Means |
| Next step | Ways and Means Committee markup, scheduled September 16, 2026 |
Our affiliate, Digital Asset Tax Advocacy, has taken positions on this bill and is tracking it in more detail, including the markup outcome, on its section of this website. This page, like everything we publish, is educational only and takes no position on the legislation.
Corrections
September 17, 2026: This post’s headline originally called H.R. 10357 “the biggest digital asset tax bill yet.” We could not verify that comparison, so the headline now names the bill instead. The summary under the headline was also updated to report the committee vote.
September 17, 2026: An earlier version said Section 502’s penalty tiers depend on whether a taxpayer previously received broker-reported information, such as a Form 1099-DA. They do not. Under Section 502(d)(5) of the bill text, the penalty rate depends on whether the taxpayer certifies that no violation was fraudulent or willful, and on whether amended returns are filed within 12 months after the program is established.
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This page is educational and does not constitute tax or legal advice for your specific situation. For questions about your own filings, consult a qualified tax professional.