U.S. Republican Representative Patrick McHenry called for clarification on a “poorly” written digital asset tax provision in a letter to the Treasury. 



The incoming us House financial Services Committee chair, Patrick McHenry, wants the Treasury to delay implementing a locality of the Infrastructure Investment and Jobs Act that deals with digital assets and tax collection. 

McHenry sent a letter on Dec. 14 to U.S. Treasury Secretary Janet Yellen with queries and issues regarding the scope of Section 80603 of the act. within the letter, he requested clarification over the “poorly drafted” and potentially privacy-compromising section that deals with the taxation of digital assets, scheduled  to go into effect next year. 

He said the section needs the govt. to treat digital assets because the equivalent of money for tax purposes, that might “jeopardize” the privacy of americans and hamp innovation. 

The section, called "Information reporting for Brokers and Digital Assets," needs brokers to report certain data about dealing with digital assets to the internal Revenue Service (IRS). 

McHenry argues the section has been written badly which the term “brokers” may be “wrongly interpreted” as applying to a wider range of individuals intended than supposed. 

The Act contains a provision requiring individuals or entities engaging in a trade or business to report back to the irs any digital asset transactions that exceed $10,000. 

The requirement was challenged earlier this year by Coin Center, a nonprofit support group focused on blockchain technology, that filed a lawsuit against the Treasury contention that the rule can impose a “mass surveillance” regime on U.S. citizens. 

Related: Sens. Warren and Marshall introduce new money-laundering legislation for crypto 

According to Fordham international law Journal, the section is likely to impose reporting requirements on the main cryptocurrency exchanges that have already got user data, together with customers' names, addresses and Social Security numbers. 

McHenry acknowledged it absolutely was a positive revolution to visualize the treasury department state that “ancillary parties” shouldn't be subject to a similar coverage necessities as brokers. 

In February, U.S. senator Rob Portman tweeted a letter from U.S. Assistant Secretary for Legislative Affairs Jonathan Davies that clarified that parties like crypto miners and stakers are not subject to the new legislation. 

McHenry's letter ended by requesting the Treasury “immediately” publish the rules underneath the section and delay its effective date to present market participants time to befits any new necessities. 

It’s the second letter McHenry has sent to Yellen this year, having sent her a letter on January. twenty six urging the Treasury secretary to clarify the definition of a broker. 

(CIARAN LYONS, Cointelegraph, 2022)