For the first time, a congressional committee has voted to let Americans spend small amounts of bitcoin without triggering a tax bill.
WASHINGTON — The House Ways and Means Committee voted 38–5 on Wednesday to advance the Digital Asset Tax Certainty Act, a 114-page bill whose most consequential clause is also its smallest: it would stop taxing Americans every time they spend a little bitcoin.
Under current law, paying for anything with bitcoin is a sale. Buy a $4 coffee with coins that have risen since you acquired them and you owe capital-gains tax on the difference, plus the paperwork to prove it. That single rule, more than any technical limit, is why bitcoin in the United States is something people hold rather than something they use.
The measure would create a de minimis exemption: personal bitcoin transactions and network fees where the gain is under $10 would no longer be taxable events. The carve-out is aimed squarely at everyday spending, not trading—anyone who made more than 5,000 transfers in the prior year is excluded, a line drawn to keep high-frequency traders from routing profits through the loophole.
The rest of the 114 pages is less friendly to speculators. The bill extends wash-sale rules—which block a taxpayer from selling at a loss and immediately rebuying to harvest the deduction—to widely traded digital assets, closing a gap that crypto has exploited for years. It writes new rules for mining and staking income, sets accounting standards for transfers, and grants special treatment to qualifying dollar-pegged stablecoins and certain lending agreements.
The vote came two days after the Senate failed to clear the CLARITY Act, the market-structure bill that would have divided oversight between the SEC and CFTC. With the bigger regulatory prize stalled, the tax-writing committee advanced the piece it could pass—and did so with rare bipartisan margins, 38 to 5.
Passage in committee is not passage into law. The full House breaks later this week and does not return until after the November midterms, and the bill would still need Senate approval and a presidential signature. Nobody in Washington expects it to become law this year.
A store of value you cannot spend without a tax accountant is not money. It is an investment with extra steps.
For a paper that tracks where bitcoin becomes money, the de minimis clause is the whole story. In El Salvador, Kenya and a handful of other places, people already treat bitcoin as a medium of exchange because nothing sits between them and the payment. In the United States, the tax code sits in the way of every transaction, however small.
Remove that friction and the calculus shifts. A merchant who accepts bitcoin no longer hands each customer a tax event; a shopper spending a few dollars of appreciated coin no longer files a Form 8949 line for a sandwich. The technology to spend bitcoin instantly and for near-zero fees has existed for years. The tax law is what kept it in the drawer.
That is also why the bill’s long odds matter less than they look. A committee vote establishes that the de minimis idea has bipartisan support and a bill number; the next Congress can pick it up where this one left it. The direction of travel—from taxing bitcoin as property to treating small payments as payments—is now on the record.
Why it matters: the barrier to spending bitcoin in America was never the network—it was the tax on every transaction, and a House committee just voted to remove it for small ones.
The 38–5 committee vote, the $10 de minimis threshold, the 5,000-transfer exclusion, the wash-sale extension and the mining/staking provisions are per CoinDesk, The Block, Bitcoin.com, 24/7 Wall St. and CoinOtag (Sept 15–17, 2026). The bill’s name is reported by some outlets as the Digital Asset Tax Certainty Act; exact statutory text and thresholds may change at markup. The House is scheduled to recess until after the November midterms. Informational only — not financial advice.
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