Treatment of certain digital assets received in connection with the validation of digital asset transactions

(a)

In general

Chapter 1 is amended by inserting after subchapter V the following new subchapter:

Newly minted digital assets received in connection with the validation of digital asset transactions

Sec. 1400W-1. Current inclusions in gross income; costs not capitalized.

Sec. 1400W-2. Election to defer inclusion of income and capitalize costs of qualified newly minted digital assets.

Sec. 1400W-3. Definitions; regulations.

1400W-1.

Current inclusions in gross income; costs not capitalized

(a)

In general

In the case of the acquisition of any newly minted digital asset—(1)the fair market value of such asset shall be included in the taxpayer’s gross income as ordinary income as of the time of such acquisition, and(2)the amount included in gross income under paragraph (1) shall be properly taken into account in determining the taxpayer’s basis in such asset.(b)

Acquisition costs not capitalized

(1)

In general

Notwithstanding any provision of this title (other than paragraph (2) and section 1400W-2), specified acquisition costs shall be treated as an expense which is not chargeable to capital account.(2)

Authority for exception to conform with taxpayer’s applicable financial statement

The Secretary may issue regulations or other guidance which allow specified acquisition costs to be chargeable to capital account if such treatment would be consistent with the treatment of such costs for purposes of the applicable financial statement (as defined in section 451(b)(3)) of the taxpayer.

1400W-2.

Election to defer inclusion of income and capitalize costs of qualified newly minted digital assets

(a)

In general

Notwithstanding section 1400W-1, in the case of any taxpayer for any taxable year to which an election under subsection (e) applies—(1)all qualified newly minted digital assets acquired by such taxpayer during such taxable year shall not be included in the taxpayer’s gross income by reason of such acquisition, and(2)specified acquisition costs paid or incurred during such taxable year shall be chargeable to capital account with respect to qualified newly minted digital assets in accordance with the rules provided in subsection (c) (and no deduction shall otherwise be allowed under this subtitle with respect to such costs).(b)

Recognition and character of gain or loss on disposition

(1)

In general

In the case of a disposition of any qualified newly minted digital asset—(A)any gain on such disposition shall be—(i)recognized notwithstanding any other provision of this subtitle, and(ii)treated as gain from the disposition of property which is not a capital asset, and(B)any loss on such disposition shall be treated as loss from the disposition of property which is not a capital asset to the extent that such loss exceeds the portion of the basis of such property that is not attributable to specified acquisition costs.(2)

Exception for certain nonrecognition transactions

Paragraph (1) shall not apply to—(A)any disposition to which section 1058 applies, and(B)to the extent provided by the Secretary, any disposition which is a nonrecognition transaction described in subchapter C or K.(3)

Special rule for determining carryover basis

In the case of any disposition of a qualified newly minted digital asset with respect to which gain is recognized by the transferor under paragraph (1), if the basis of such asset in the hands of the transferee is determined by reference to the basis of such asset in the hands of the transferor, proper adjustments shall be made in the determination of basis to take into account such gain.(c)

Capitalization of specified acquisition costs

(1)

In general

For purposes of this section, the Secretary shall provide rules for the proper allocation of specified acquisition costs among qualified newly minted digital assets.(2)

Cessation of activities

The rules provided under paragraph (1) shall include rules that provide for the proper deduction of specified acquisition costs which are not otherwise allocated to qualified newly minted digital assets pursuant to such rules because the taxpayer indefinitely ceases all activities related to the validation of digital assets (including staking and mining).(d)

Qualified newly minted digital asset

For purposes of this section—(1)

In general

The term qualified newly minted digital assets means, with respect to any taxpayer for any taxable year, any newly minted digital asset (determined without regard to subparagraph (B) of section 1400W-3(a)(1)) acquired by such taxpayer during such taxable year if—(A)the election under subsection (e) applies to such taxpayer for such taxable year, and(B)the taxpayer—(i)in the case of any such newly minted digital asset issued in connection with a validation of digital asset transactions which was not supported by the staking of digital assets—(I)is the person who validated such digital asset transactions, and(II)is the first owner of such newly minted digital asset, or(ii)in the case of any such newly minted digital asset issued in connection with a validation of digital asset transactions which was supported by the staking of digital assets—(I)is the person who holds the digital assets that were so staked, and(II)either is the first owner of such newly minted digital asset or acquired such newly minted digital asset promptly after such newly minted digital asset was issued. (2)

Lessee treated as holder

For purposes of paragraph (1)(B)(ii)(I), if a digital asset is lent to any person, such person (and not the person lending such asset) shall be treated as holding such asset.(e)

Election

(1)

In general

An election under this section shall apply for the taxable year for which it is made and for each taxable year thereafter unless revoked with the consent of the Secretary. Such election shall be made at such time and in such manner as the Secretary may provide.(2)

Application to partnerships and S corporations

In the case of any partnership or S corporation, the election under this section shall be made at the partnership or S corporation level.(3)

Treatment as change in method of accounting

A taxpayer making an election under this section shall be treated for purposes of section 481 as making a change in method of accounting which is initiated by the taxpayer and made with the consent of the Secretary. Such change shall be applied only on a cut-off basis, and no adjustments shall be made under section 481(a). (f)

Controlled foreign corporations and passive foreign investment corporations ineligible

This section shall not apply to—(1)any controlled foreign corporation or any passive foreign investment company (as defined in section 1297),(2)except as otherwise provided by the Secretary—(A)any foreign trust, and(B)any partnership in which one or more controlled foreign corporations, passive foreign investment companies (as so defined), or foreign trusts are partners in such partnership, and(3)to the extent provided by the Secretary, any partnership or trust if one or more entities described in paragraph (2)(B) are indirectly partners in such partnership or direct or indirect beneficiaries of such trust.(g)

Treatment of certain grantor trusts

The regulations or other guidance issued by the Secretary under section 1400W-3(c) may include regulations or other guidance providing rules for the application of this section with respect to digital assets owned through a widely traded fixed investment trust, including regulations or other guidance—(1)modifying information reporting requirements or requiring additional information reporting with respect to newly minted digital assets acquired through such a trust,(2)providing reasonable methods for brokers (or any other person required to report information with respect to such a trust) to determine and report the portion of the interest in such a trust that results from the acquisition of newly minted digital assets during a taxpayer’s holding period,(3)requiring owners of interests in such a trust to notify the broker (or any other person required to report information with respect to such a trust) whether an election has been made under subsection (e),(4)providing rules for the appropriate allocation of basis to the portion of the interest in such a trust that is attributable to the acquisition of newly minted digital assets, including by requiring the allocation of any basis (other than specified acquisition costs required to be capitalized under this section) to a taxpayer’s other interests in such a trust,(5)providing rules to reduce administrative and compliance burdens by providing for aggregation, approximation, or other reasonable methods to compute and report gain attributable to newly minted digital assets acquired through such a trust, and(6)defining the widely traded fixed investment trusts to which the regulations or other guidance under this subsection applies.

1400W-3.

Definitions; special rules; regulations

(a)

Definitions

For purposes of this subchapter—(1)

Newly minted digital asset

(A)

In general

The term newly minted digital asset means any digital asset that is issued in connection with the validation of digital asset transactions (including digital asset validation supporting activities) and that (prior to such issuance) was not owned by any person.(B)

Termination of treatment as newly minted

A digital asset shall not be treated as a newly minted digital asset at any time after the disposition of such asset by the first owner of such asset.(C)

Authorization of reasonable methods of determination

(i)

In general

Except as otherwise provided pursuant to clause (ii), a taxpayer may use any reasonable method to determine whether a digital asset acquired by the taxpayer is a newly minted digital asset.(ii)

Authority of Secretary to identify methods

The Secretary may issue such regulations or other guidance as the Secretary determines necessary or appropriate specifying methods that are, or are not, reasonable for purposes of clause (i).(2)

Specified acquisition costs

(A)

In general

The term specified acquisition costs means any amount paid or incurred in connection with validating any digital asset transaction if, at the time such amount is paid or incurred there is a reasonable possibility that the taxpayer will acquire a newly minted digital asset in connection with such validation. Such term shall not include any amount unless such amount would (without regard to this subchapter) be either allowable as a deduction or chargeable to capital account.(B)

Inclusion of certain costs

For purposes of subparagraph (A), the term amount paid or incurred in connection with validating any digital asset transaction includes any amount paid or incurred in connection with the activity of validating, or attempting to validate, any digital asset transaction, including—(i)the direct costs of such activity,(ii)indirect costs allocable to such activity,(iii)fees paid or incurred to another party to carry out such activity, and(iv)interest costs allocable to such activity.(b)

Special rules

For purposes of this subchapter—(1)

Acquire

A person shall be treated as acquiring a newly minted digital asset in any case where such person comes to possess such asset and without regard to the manner in which such person comes to possess such asset.(2)

Clarification that certain transfers are treated as dispositions

The following shall not fail to be treated as a disposition for purposes of this subchapter:(A)The distribution of any digital asset from a trust to a beneficiary.(B)The transfer of any digital asset from a decedent (whether or not incident to the decedent’s death).(c)

Regulations

The Secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this subchapter, including to prevent the abuse of the provisions of this subchapter.

(b)

Clarification of sourcing rules for digital assets acquired in connection with validating digital asset transactions

Section 863 is amended by adding at the end the following new subsection:

(f)

Treatment of digital assets acquired in connection with validating digital asset transactions

(1)

Income on acquisition

Income from the acquisition of any digital asset received in connection with the validation of digital asset transactions (including digital asset validation supporting activities) shall be sourced—(A)in the United States if the taxpayer is a United States resident at the time of acquisition, and(B)outside the United States if the taxpayer is a nonresident at the time of acquisition.(2)

Certain deferred income recognized on disposition

Income described in section 1400W-2(b) shall be sourced—(A)in the United States if the taxpayer is a United States resident at the time of disposition, and(B)outside the United States if the taxpayer is a nonresident at the time of disposition.(3)

Treatment of branches

(A)

Foreign branches

In the case of a United States person with a qualified business unit (as defined in section 989(a)) in a foreign country, income described in paragraph (1) or (2) that constitute business profits attributable to such unit shall be sourced outside the United States. (B)

U.S. branches

In the case of a person that is not a United States person and that maintains an office or other fixed place of business in the United States, income described in paragraph (1) or (2) attributable to such office or other fixed place of business shall be sourced in the United States.(C)

Attribution

For purposes of subparagraphs (A) and (B), the Secretary may issue such regulations or other guidance as the Secretary determines necessary or appropriate for purposes of determining the amount of business profits attributable to a qualified business unit or office or other fixed place of business.(4)

Treatment of partnerships

In the case of a partnership, except as otherwise provided by the Secretary in regulations or other guidance, this subsection shall be applied at the partner level.(5)

United States resident; nonresident

For purposes of this subsection, the terms United States resident and nonresident have the meaning given such terms, respectively, in section 865(g)(1), determined after application of section 865(g)(2).

(c)

Rules relating to partnerships that hold newly minted digital assets

Section 751(c) is amended in the flush language at the end—(1)by striking and an oil, gas, or geothermal property (described in section 1254) and inserting an oil, gas or geothermal property (described in section 1254), and qualified newly minted digital assets (as defined in section 1400W-2(d)), and(2)by striking or 1254(a) and inserting 1254(a), or 1400W-2(b)(1)(A).(d)

Coordination with deduction for qualified business income

Section 199A(c)(3)(B) is amended by redesignating clause (vii) as clause (x) and inserting after clause (vi) the following new clauses:

(vii)Any item of gain or loss on the disposition of any newly minted digital asset (as defined in section 1400W-3(a)(1)).(viii)Any item of income includible in gross income under section 1400W-1(a)(1).(ix)Any item of gain realized under subsection (a) or (b) of section 751 by reason of the references in section 751(c) to qualified newly minted digital assets (as defined in section 1400W-2(d) and to 1400W-2(b)(1)(A).

(e)

Clerical amendment

The table of subchapters for chapter 1 is amended by inserting after the item relating to subchapter V the following new item:

Subchapter W—Newly minted digital assets received in connection with validating digital asset transactions

(f)

Effective date

The amendments made by this section shall apply to assets acquired in taxable years beginning after the date of the enactment of this Act.(g)

No inference with respect to proper treatment of newly minted digital assets to which the amendments made by this section do not apply

Nothing in this section (or any amendment made by this section) shall be construed to create any inference with respect to the proper application of any provision of the Internal Revenue Code of 1986 with respect to any newly minted digital asset (as defined 1400W-3 of such Code, as added by this section) acquired in any taxable year beginning on or before the date of the enactment of this Act.