[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5082 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 5082

To amend the Internal Revenue Code of 1986 to clarify the definition of 
                   a broker, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 23, 2021

   Mr. Soto introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
To amend the Internal Revenue Code of 1986 to clarify the definition of 
                   a broker, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cryptocurrency Tax Clarity Act''.

SEC. 2. INFORMATION REPORTING FOR BROKERS AND DIGITAL ASSETS.

    (a) Clarification of Definition of Broker.--Section 6045(c)(1) of 
the Internal Revenue Code of 1986 is amended--
            (1) by striking ``and'' at the end of subparagraph (B),
            (2) in subparagraph (C)--
                    (A) by striking ``any other person who (for a 
                consideration)'' and inserting ``any person who (for 
                consideration)'', and
                    (B) by striking the period at the end and inserting 
                ``, and'', and
            (3) by adding at the end the following new subparagraph:
                    ``(D) any person who (for consideration) regularly 
                effectuates transfers of digital assets on behalf of 
                another person.''.
    (b) Reporting of Digital Assets.--
            (1) Brokers.--
                    (A) Treatment as specified security.--Section 
                6045(g)(3)(B) of the Internal Revenue Code of 1986 is 
                amended by striking ``and'' at the end of clause (iii), 
                by redesignating clause (iv) as clause (v), and by 
                inserting after clause (iii) the following new clause:
                            ``(iv) any digital asset, and''.
                    (B) Definition of digital asset.--Section 
                6045(g)(3) of such Code is amended by adding at the end 
                the following new subparagraph:
                    ``(D) Digital asset.--Except as otherwise provided 
                by the Secretary, the term `digital asset' means any 
                digital representation of value which is recorded on a 
                cryptographically secured distributed ledger or any 
                similar technology as specified by the Secretary.''.
                    (C) Applicable date.--Section 6045(g)(3)(C) of such 
                Code is amended--
                            (i) in clause (ii), by striking ``and'' at 
                        the end,
                            (ii) by redesignating clause (iii) as 
                        clause (iv), and
                            (iii) by inserting after clause (iii) the 
                        following:
                            ``(iii) January 1, 2023, in the case of any 
                        specified security which is a digital asset, 
                        and''.
            (2) Furnishing of information.--
                    (A) In general.--Section 6045A of such Code is 
                amended--
                            (i) in subsection (a), by striking ``a 
                        security which is'', and
                            (ii) by adding at the end the following:
    ``(b) Return Requirement for Certain Transfers of Digital Assets 
Not Otherwise Subject to Reporting.--Any broker, with respect to any 
transfer (which is not part of a sale or exchange executed by such 
broker) during a calendar year of a covered security which is a digital 
asset from an account maintained by such broker to an account which is 
not maintained by, or an address not associated with, a person that 
such broker knows or has reason to know is also a broker, shall make a 
return for such calendar year, in such form as determined by the 
Secretary, showing the information otherwise required to be furnished 
with respect to transfers subject to subsection (a).''.
                    (B) Reporting penalties.--Section 6724(d)(1)(B) of 
                such Code is amended by striking ``or'' at the end of 
                clause (xxv), by striking ``and'' at the end of clause 
                (xxvi), and by inserting after clause (xxvi) the 
                following new clause:
                            ``(xxvii) section 6045A(d) (relating to 
                        returns for certain digital assets),''.
                    (C) Treatment as cash for purposes of section 
                6050i.--Section 6050I(d) of such Code is amended by 
                striking ``and'' at the end of paragraph (1), by 
                striking the period at the end of paragraph (2) and 
                inserting ``, and'', and by inserting after paragraph 
                (2) the following new paragraph:
            ``(3) any digital asset (as defined in section 
        6045(g)(3)(D).''.
    (c) Effective Date.--The amendments made by this section shall 
apply to returns required to be filed, and statements required to be 
furnished, after December 31, 2023.
    (d) Rules of Construction.--
            (1) Definition of broker.--Nothing in this section or the 
        amendments made by this section shall be construed to create 
        any inference that a person described in section 6045(c)(1)(D) 
        of the Internal Revenue Code of 1986, as added by this section, 
        includes any person solely engaged in the business of--
                    (A) validating distributed ledger transactions, 
                without providing other functions or services, or
                    (B) selling hardware or software for which the sole 
                function is to permit persons to control private keys 
                which are used for accessing digital assets on a 
                distributed ledger.
            (2) Brokers and treatment of digital assets.--Nothing in 
        this section or the amendments made by this section shall be 
        construed to create any inference, for any period prior to the 
        effective date of such amendments, with respect to--
                    (A) whether any person is a broker under section 
                6045(c)(1) of the Internal Revenue Code of 1986, or
                    (B) whether any digital asset is property which is 
                a specified security under section 6045(g)(3)(B) of 
                such Code.
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