Congressional Aides Doubt Crypto Tax Bill Will Pass This Year
A recent survey of congressional staffers has revealed deep skepticism about the chances of crypto tax legislation passing this year. A Canvass poll reported by Punchbowl News on October 4, 2026, found that only 10% of respondents believe a bill setting tax rules for digital assets will pass before December 31, 2026.
The main hurdle is Congress's crowded calendar, especially during the lame-duck session after the election. Crypto tax measures face additional challenges that other tax issues do not, making it difficult to fit them into the packed post-election agenda.
Even Sen. Cynthia Lummis (R-WY), a prominent crypto supporter, has expressed doubt about the bill's passage this year. Despite this, the House has made progress, with the House Ways and Means Committee approving the Digital Asset Tax Certainty Act, H.R. 10357, on September 16, 2026, by a 38-5 vote. The bill includes provisions like de minimis relief for transaction fees of $10 or less, stablecoin rules, and wash-sale rules.
On the Senate side, Sen. Steve Daines (R-MT) introduced a related draft in late September or early October 2026, addressing stablecoin payments and wash-sale extensions. However, the recent collapse of the Clarity Act, a separate crypto market-structure legislation, has cast a shadow over the tax bill's prospects. Both measures compete for limited Senate floor time and political will.
The delay in passing the tax bill means continued uncertainty for traders, builders, and investors regarding how digital assets are taxed. Provisions like de minimis relief and stablecoin rules would remain unresolved if the bill stalls through year-end. If the bill does not pass this session, the bipartisan House vote would likely need to be revisited once new lawmakers are seated.