Biden’s New Crypto Regulation: Mining Tax, Wash Sale Rule & Compliance Measures

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Joe Biden Proposes New Crypto Regulation, Including A Mining Tax And 'Wash Sale Rule'

President Joe Biden’s fiscal 2025 budget proposal, unveiled this week, encompasses a wide range of sectors within the U.S. economy. Among the key highlights are new taxes and regulations targeting the cryptocurrency industry.

### New Mining Tax Proposed

The Biden administration has introduced plans for an excise tax specifically aimed at cryptocurrency mining operations. This proposed tax would impose a 30% levy on the electricity expenses incurred during the mining of digital assets, applicable to any entity using its own or leased computing power for this purpose.

### Reporting Requirements for Miners

Should the excise tax be enacted, cryptocurrency miners would be obligated to disclose their electricity consumption to determine their tax liability based on that usage. This tax would be in addition to the capital gains tax miners currently pay when they sell their digital currencies. The tax rollout is structured over three years, starting with a 10% tax in the first year, increasing to 20% in the second year, and reaching the full 30% in the final year.

### Environmental Concerns Highlighted

The Treasury Department has expressed concerns regarding the environmental impact of increased energy consumption due to cryptocurrency mining, noting potential negative effects on energy prices and environmental justice. Additionally, mining activities pose risks and uncertainties for local utilities, given their unpredictable and mobile nature.

### Expected Revenue Generation

The White House anticipates that this new tax could generate approximately $302 million in its initial full year and an estimated $7.7 billion over the subsequent decade.

### Changes to Wash Trading Regulations

The budget also proposes modifications to the regulations surrounding wash trading, a practice that involves buying and selling large quantities of an asset quickly, often for tax benefits. The administration aims to eliminate tax advantages associated with wash trading in the cryptocurrency space by aligning the tax code’s anti-abuse rules for digital assets with those for stocks and other securities. Under the new proposal, tax benefits from wash trading would only apply if the asset is sold and not repurchased within a 30-day window, which could discourage this practice and boost tax revenues.

### Opposition from Republicans

The proposed budget has faced significant opposition from Republican lawmakers. House Speaker Mike Johnson (R-LA) criticized the budget, arguing that it reflects the Biden administration’s excessive spending habits and lack of fiscal responsibility. He asserts that the budget is misguided and could further contribute to America’s decline.

### The Future of the Budget Proposal

The budget process is often contentious and subject to numerous revisions before final approval. As such, there is a possibility that certain cryptocurrency regulations may be removed from Biden’s budget proposal. Until the budget is finalized, the outcome remains uncertain.