August 04, 2021

Toomey, Wyden, Lummis Amendment Would Clarify Digital Asset Reporting Requirements

Washington, D.C. – U.S. Senate Banking Committee Ranking Member Pat Toomey (R-Pa.), Senate Finance Committee Chair Ron Wyden (D-Ore.), and Senator Cynthia Lummis (R-Wyo.) today filed an amendment clarifying the definition of “broker” with respect to digital asset third-party reporting requirements. 

The senators’ amendment would clarify that “brokers” mean only those persons who conduct transactions on exchanges where consumers buy, sell and trade digital assets, and does not require information reporting from persons who engage in mining or staking, selling hardware or software that an individual may use to control a private key, or developing digital assets or their corresponding protocols for use by other persons if such other persons are not customers.

“While Congress works to better understand and legislate on issues surrounding the development and transaction of cryptocurrencies, it should be wary of imposing burdensome regulations that may stifle innovation. By clarifying the definition of broker, our amendment will ensure non-financial intermediaries like miners, network validators, and other service providers—many of whom don’t even have the personal-identifying information needed to file a 1099 with the IRS—are not subject to the reporting requirements specified in the bipartisan infrastructure package,” Toomey said.

“Investors failing to pay tax they owe through cryptocurrency is a real problem, and I strongly support third-party reporting by exchanges where cryptocurrency is bought, sold and traded. Our amendment makes clear that reporting does not apply to individuals developing block chain technology and wallets. This will protect American innovation while at the same time ensuring those who buy and sell cryptocurrency pay the taxes they already owe,” Wyden said. 

“Digital assets are here to stay. While much more work needs to be done, this amendment is a responsible step toward fully incorporating digital assets into the U.S. financial sector. The digital asset and financial technology space is incredibly complicated, and we have spent long hours working in the Senate, with industry stakeholders, and with the administration to find a way to effectively integrate digital assets into our tax code without harming the technology or stifling innovation. I look forward to continuing this bipartisan work to bring our financial industry into the 21st Century,” Lummis said.

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