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Senator Warren Grills US Gov’t Over 2-Year Delay on Crypto Tax Rules

2 mins
Updated by Kyle Baird
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In Brief

  • Senator Elizabeth Warren has expressed concern over the US government's decision to delay crypto tax rules until 2026.
  • Warren asserts the delay could result in the government missing out on billions of dollars in revenue.
  • Despite her concerns, Warren praised the US government for its clear and flexible definition of a digital asset.
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Senator Elizabeth Warren is calling on the US government to reconsider its decision to impose a two-year delay on crypto tax rules in the country.

While we applaud the substance of the proposed regulations and your agencies’ efforts to ensure taxpayers continue to report crypto activity, we are deeply concerned that the final rule will not become effective until 2026,” the letter declared.

Senator Warren Urges Swift Action on US Crypto Tax Rules

Warren expressed her concerns in a letter directed to Janet Yellen, the US Treasury Secretary, and Daniel Werfel, the commissioner of the Internal Revenue Service (IRS):

“We are alarmed by the self-inflicted two-year delay for the rule’s implementation, which would contravene the requirements of the bipartisan Infrastructure Investment and Jobs Act, disadvantage law-abiding Americans.”

Warren further asserts that the delay will result in the US government missing out on “billions of dollars in revenue.”

Citing recent data, Warren pointed out a lack of understanding among US citizens about how crypto taxes work. Warren believes this has caused the IRS to pass up on billions of dollars in the past.

“As of 2022, experts estimated that the IRS was missing out on approximately $50 billion a year in tax revenue from the sprawling crypto industry.”

Meanwhile, she praised the US government for its clear definition of a digital asset. She stated that this definition provides sufficient flexibility, considering the rapidly changing and evolving nature of the crypto industry.

“The proposed regulation construes “digital asset” to mean “a digital representation of value that is recorded on a cryptographically secured distributed ledger (or similar technology).”10 The rule’s definition of digital asset tracks the statutory definition contained in the Infrastructure Investment and Jobs Act.”

Regulatory Clarity on the Horizon for the US

Warren requested Yellen and Werfel to provide an update on the matter by October 24.

This follows the release of proposed regulations by the US Department of Treasury and IRS. The regulations target the sale and exchange of digital assets by brokers.

On August 25, it was disclosed that a key emphasis of the proposed regulations is the federal government’s capacity to combat tax evasion by investors on their crypto profits.

However, if enacted, digital asset brokers would face stringent obligations to report specific sales and exchanges to the authorities. This move aims to bring tax reporting on crypto profits more in line with traditional investments.

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Ciaran Lyons
Ciaran is a cryptocurrency journalist based in Sydney, Australia. He particularly enjoys writing about CBDC developments and the practical implementations of cryptocurrency in real-world scenarios. He has also appeared across major television networks in Australia including Channel Ten, Channel Nine and SBS TV. Prior to his foray into cryptocurrency, Ciaran worked as a presenter on national radio station Triple J.