A bipartisan group of U.S. lawmakers is pressing the Internal Revenue Service to rethink how cryptocurrency staking rewards are taxed, warning that current rules unfairly expose investors to double taxation and risk pushing blockchain innovation offshore.
Lawmakers challenge 2023 IRS staking guidance
Eighteen members of the U.S. House of Representatives have sent a formal letter to Internal Revenue Service acting commissioner Scott Bessent, calling for a review of the agency’s 2023 guidance on staking rewards before the 2026 tax year begins.
The letter, led by Representative Mike Carey, specifically targets Revenue Ruling 2023-14. Under that ruling, staking rewards must be reported as income once a taxpayer gains “dominion and control” over them. If those same rewards are later sold, any price difference is taxed again as a capital gain or loss.
Lawmakers argue that this approach results in stakers being taxed twice on the same economic activity.
Push to tax staking rewards only at sale
The group is urging the IRS to shift toward a tax-at-sale model, where staking rewards would only be taxed when they are sold or otherwise disposed of. According to the lawmakers, this would better reflect actual economic gain and reduce the risk of taxpayers owing taxes on rewards that later decline in value.
Carey said the effort represents “a big step in the right direction” and is critical to allowing stakers to hold their rewards throughout the year without facing unpredictable tax exposure due to market volatility.
The letter also asks the IRS to clarify whether any administrative hurdles could prevent updated guidance from being issued before the end of 2025.
Industry leaders back the move
The initiative has drawn strong support from crypto policy advocates and industry groups, who say current tax rules discourage participation in core blockchain infrastructure.
Miller Whitehouse-Levine, CEO of the Solana Policy Institute, said staking and mining are essential to securing public blockchains such as Solana and warned that overly burdensome tax rules could undermine U.S. competitiveness.
Ji Hun Kim, CEO of the Crypto Council for Innovation, added that U.S. tax policy must reflect the economic reality of how staking rewards are created and earned if the country wants to remain a global crypto leader.
PARITY Act offers an alternative path
Alongside the IRS push, lawmakers are also revisiting legislative solutions. After a previous bipartisan bill stalled in committee, Representatives Steven Horsford and Max Miller recently introduced the PARITY Act.
The proposal would allow taxpayers to defer recognition of staking and mining rewards for up to five years, rather than taxing them immediately upon receipt. The bill also aims to ease compliance burdens by exempting small stablecoin transactions from capital gains taxes.
Supporters say the legislation could provide clearer, more practical rules for everyday crypto users while encouraging continued investment in U.S.-based blockchain infrastructure.
Why this matters
As staking becomes a core component of modern blockchain networks, lawmakers argue that outdated tax treatment risks driving innovation and capital away from the U.S. With pressure mounting ahead of the 2026 tax year, the IRS now faces growing calls to modernize its approach and bring clarity to one of crypto’s most contentious tax issues.
