Posted 9 months ago | by Catoshi Nakamoto

The U.S. Congressional Research Service (CRS) has released a report reminding policymakers that they may be stifling crypto innovation with fast-approaching crypto regulations being pushed by the current Joe Biden administration. Although it’s worth mentioning that several lawmakers are pushing for rules to protect crypto businesses and holders alike from government overreach, CRS says that lawmakers need to realize the “potential tradeoff,” from such stringent crypto tax reporting standards.

AdobeStock 298103138 scaled U.S. Congressional Research Service States Congress Should Realize The "Potential Trade-off" Of Over-regulating Crypto Assets

Regulatory Trade-Off On Crypto Says Congressional Research Service

According to the document, the “CRS serves as nonpartisan shared staff to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has been provided by CRS to Members of Congress in connection with CRS’s institutional role.”

The CRC stated that to an extent, the new reporting obligations being forced on crypto businesses will create a “paper trail.” However, researchers suggest some legitimate businesses who might consider using crypto could decide to avoid these obligations by going offshore or incorporating in another more friendly crypto country.

“Policymakers face a tradeoff in this industry between providing the necessary tools to ensure [anti-money laundering] compliance and driving activities out of the US market,” the service said.

On the flip side, the new proposed regulations could help the government diminish the tax gap, according to the CRS.

“Although enhanced reporting requirements may help to close the tax gap, some underreporting of income generated from crypto transactions will likely still continue as some crypto transactions are intended to elude authorities,” the CRC stated.

While, the Infrastructure Bill, has been widely controversial. Many in the crypto community have missed the provisions in Joe Biden’s Fiscal Year 2022 bill which proposes requiring crypto exchanges and custodians (wallet providers) to file reports with the Internal Revenue Service (IRS) for gross flows above $600 according to CRS. Much like the Infrastructure Bill, the administration’s proposal also includes a reporting requirement for inter-broker crypto transfers and businesses that accept cryptocurrencies demanding they report transactions that exceed $10,000 in value to the IRS.

“The Administration also proposes expanding the information reporting requirements for brokers, including crypto exchanges and wallet providers, to include information on US and certain foreign account owners,” CRS wrote.

From the researchers’ perspectives, the Biden Administration has proposed expanding reporting requirements for brokers, including crypto exchanges and wallet providers, to include information on U.S. citizens and certain foreign account owners. The Administration states this would allow for automatic information sharing with foreign tax jurisdictions in exchange for information on U.S. taxpayers transacting in crypto outside the United States.

CRS expressed that industry stakeholders and policymakers have highlighted their concerns that the language regarding the wordbrokers” in the Senatepassed version of H.R. 3684 bundled into the Infrastructure Bill is too broad. They say that this verbiage could subject parties that would otherwise not be considered brokers or middlemen (e.g., crypto software developers, miners, blockchain validators) to reporting requirements, which the research outfit argues those mentioned above would be unable to satisfy due to the “pseudonymous nature of crypto.”

Congress And Industry Divided On Regulations For Crypto

Speaking of those still fighting for our digital rights, Republican Senator and a member of the Senate Banking Committee Pat Toomey has issued a public call requesting proposals to make sure that federal law cultivates the development of the crypto and blockchain industry while still protecting investors. The committee will collect proposals until September 27th. Interested persons should submit electronic copies of their proposals to Committee staff at submissions@banking.senate.gov. All proposals will be published at a future date. 

“Rather than trying to ignore or suppress cryptocurrency and related technologies, regulators and legislators alike need to recognize that open, public networks are here to stay. Our laws and regulations must adapt to these developments,” Toomey said in a statement. “Not only might cryptocurrency and blockchain technologies be as revolutionary as the internet, they also have the potential to build wealth and financial independence for individuals who are empowered to engage in financial transactions directly with each other, free from oft-costly middlemen. He added, “That’s why it’s important Congress gets this right and ensures the United States remains at the forefront of cryptocurrency and fintech innovation.”

Coinbase’s global tax Vice President Lawrence Zlatkin recently expressed outrage at Congress for the rushed Infrastructure Bill stating it could affect “60 million Americans or 20% of the U.S. population,” as Bitboy Crypto reported.

The bill in question passed the Senate without any revisions made to the crypto provisions intended to fund U.S. transportation and infrastructure, as Bitboy Crypto reported. However, the bill ended up being okayed by the House without revisions and is pending a final vote which has been delayed due to politics surrounding the FY2022 bill. Despite delay a Sept. 27th deadline to vote on the Senate-passed infrastructure bill has been set by the House.

“I am committing to pass the bipartisan infrastructure bill by September 27. I do so with a commitment to rally House Democratic support for its passage,” Pelosi said in a statement. “We must keep the 51-vote privilege by passing the budget and work with House and Senate Democrats to reach agreement in order for the House to vote on a Build Back Better Act that will pass the Senate.”

“As our members have made clear for three months, the two are integrally tied together, and we will only vote for the infrastructure bill after passing the reconciliation bill,” Rep. Pramila Jayapal, D-Wash, said in a statement.

Zlatkin offers four different suggestions for how he believes we should implement crypto taxes.

These are:

  1. “Brokers” of digital assets should be defined as it is understood in the real world today. It is well established that the predominant number of crypto transactions occur with brokers. If Congress decides that it must create a new definition of “broker” within the infrastructure bill for “digital assets,” then it should define brokers as persons who act as middlemen for compensation, with customers as counterparties. This is a traditional definition of broker and would cover entities like Coinbase.
  2. Propose regulations to define the parameters of tax information reporting for crypto. We would welcome the rules of the road so that we can have a meaningful discussion on how it should be introduced and applied in the real world. The IRS has this authority today.
  3. Hold hearings in Congress on tax oversight for crypto so that there is robust debate on the issue. Today, around 60 million Americans own crypto — roughly one-fifth of the entire U.S. population. Those Americans, and the entire crypto ecosystem, deserve more dialogue than midnight provisions inserted at the last minute.
  4. We should not draft legislation that focuses on crypto ghosts that don’t exist now and have no roadmap to exist in the future. If we focus our laws on problems that don’t actually exist, we will erode America’s leadership in crypto. Why chill the industry in its infancy and send it (and the taxes associated with it) offshore?

If the bills were to pass without any edits made to their language within the crypto provisions. It’s important to note that the law(s) wouldn’t take effect for several years and in that time frame bills could still be introduced and eventually pass to change the law surrounding crypto digital assets. In other words, not all is lost yet.

Bitcoin is currently trading at [FIAT: $47,753.01] DOWN -2.9% in the last 24 hours according to Coingecko at the time of this report.

About Catoshi Nakamoto

c6ea0c3794492f30883e516d39b2597a?s=90&d=blank&r=g U.S. Congressional Research Service States Congress Should Realize The "Potential Trade-off" Of Over-regulating Crypto AssetsActivist/Journalist, former writer - We Are Change, The Mind Unleashed, Coinivore, others. Currently writing for - Activist Post and Bitboy Crypto. Not Right or Left Apolitical. I Care About Truths (CATS.) Cryptocurrency enthusiast, I mined and lost 100+ BTC in 2010-2011. I work with - Bitboy, SoMee, CEEK, Presearch, and W3BT aka FMW Media Group. Friend of mostly everyone who isn't a dick. Just A Cool Cat.