Senators question crypto tax rules – Will policy reform come in time?

• Senators urge Treasury to exclude unrealized crypto gains from CAMT tax calculations.
• CAMT and new accounting rules risk driving U.S. crypto firms offshore.

A growing divide between crypto innovation and federal tax policy has sparked urgent reform demands from pro-crypto lawmakers.

Senators Cynthia Lummis and Bernie Moreno oppose the Biden-era Corporate Alternative Minimum Tax (CAMT). They warn it could impose huge tax liabilities on U.S. crypto firms. These firms could face taxes despite not realizing any profits.

In a letter to Treasury Secretary Scott Bessent, the senators urged a reassessment of CAMT’s impact on digital asset accounting. They argue that current policies distort financial reporting.

The approach unfairly penalizes firms adopting new technologies.

Remarking on the same, the lawmakers said, 

“Failure to provide this clarity on unrealized gains in digital assets might require corporations to sell assets just to pay the tax, and it would disincentivize entities from maintaining large holdings of digital assets.”

What is the new tax proposal?

The CAMT rule imposes a 15% minimum tax on corporations with an average AFSI of $1 billion or more. This threshold is calculated over three years. It could have a major impact on crypto firms holding digital assets on their balance sheets.

Hence, Lummis further added, 

“Our edge in digital finance is at risk if U.S. companies are taxed more than foreign competitors. @berniemoreno & I urged the @USTreasury  to lift an unintended tax burden on U.S. digital asset companies.”

She added,

“To lead the world in digital assets, we need a level playing field.”

As expected, Senator Lummis’ crypto tax proposal seeks to shield companies from being taxed on unrealized gains by excluding these fluctuations from the calculation of Adjusted Financial Statement Income (AFSI) under CAMT.

The move responds directly to the Financial Accounting Standards Board’s rule ASU 2023-08, which mandates that firms record digital assets at fair market value.

Challenges ahead

However, while initially praised for improving transparency, this accounting shift, combined with the CAMT framework, risks inflating taxable income with unrealized crypto gains.

Lawmakers argue this could lead to disproportionate tax burdens, ultimately discouraging digital asset investment and driving blockchain innovation offshore.

 Remarking on which the senators added,

“Neither Congress nor FASB planned this outcome. It’s the unintended result of basing tax liability on decisions by a private organization… not principles of taxation.”

However, despite ongoing political chatter, market sentiment suggests limited optimism for broader tax reform.

Polymarket data showed  a 1% chance that President Donald Trump will eliminate capital gains taxes on crypto before June.

This followed Senator Lummis’ recent reintroduction of the BITCOIN Act, aiming to establish a national Bitcoin [BTC]] reserve and empower the Treasury to accumulate up to one million BTC over five years.