Crypto space weighs in on proposed amendments to US infrastructure deal

Published at: Aug. 6, 2021

With more than one amendment proposed to the United States infrastructure plan that would modify a provision on cryptocurrencies, some figures in the space are going against the one with White House support.

Digital rights advocacy group Fight for the Future said today it would not support the amendment crafted by Senators Mark Warner, Rob Portman and Kyrsten Sinema to address the issue of clarifying the language used concerning crypto in the bipartisan infrastructure bill. According to the group, the proposed amendment gets “a resounding no” as a possible solution to the bill which “fundamentally misunderstands how cryptocurrency and decentralization works.”

“The original provision and the Portman-Warner amendment fundamentally misunderstand that decentralized technology is decentralized,” said Fight for the Future. “The law as-written is completely unworkable, requiring many in this ecosystem to produce data that they never have and cannot get access to — by the very nature of the technology.”

The group alleges that both the Biden administration and Democratic proponents of the amendment “have not done their homework on decentralized technology.” Others in the digital space have made similar claims, with the World Economic Forum’s head of blockchain and digital assets Sheila Warren calling the ongoing debate over amendments “highly unusual.”

“Bewildering is an understatement for what is unfolding in the U.S. Senate around the crypto-related provisions of the infrastructure bill,” said Warren. “It was remarkable to see language endorsed that was not neutral about technology. This has massive implications for a relatively nascent industry.”

On Wednesday, Senator Ron Wyden, Cynthia Lummis and Pat Toomey put forth an amendment to infrastructure bill HR 3684 currently under review in the Senate. The proposal received support from a number of lawmakers and figures in the crypto space, including Senator Rob Portman — a key Republican involved in the bill — as well as 114 signatories from the crypto and blockchain space, including Twitter CEO Jack Dorsey.

The senators originally proposed the amendment because the bill suggests implementing tighter rules on businesses handling cryptocurrencies and expanding reporting requirements for brokers, mandating that digital asset transactions worth more than $10,000 are reported to the Internal Revenue Service, or IRS. It also suggests that anyone in the business of “validating distributed ledger transactions,” “developing digital assets or their corresponding protocols,” or dealing with mining software or hardware would likely be subject to more tax reporting requirements for digital transactions.

Related: Three US Senators propose narrowing crypto tax language in infrastructure bill

While the amendment proposed by Wyden, Lummis and Toomey may change the bill’s definition of a broker and could allow many players in the crypto space to avoid the additional reporting requirements, a “modified” amendment put forth by Warner, Portman and Sinema the following day proposed excluding proof-of-work mining and sellers of hardware and software wallets from the bill but suggests crypto developers and proof-of-stake validators would still be subject to expanded reporting. Some critics have claimed this modification would essentially allow the U.S. government to pick and choose which technology is acceptable in the crypto space. 

The Warner, Portman and Sinema amendment received support from the Biden administration — reportedly with the exception of Treasury Secretary Janet Yellen. With the time available to pass the infrastructure plan seemingly dwindling, many in the crypto space and some lawmakers are pushing for the Wyden, Lummis and Toomey amendment to be put to a vote while attacking the provisions in the proposal from Warner, Portman and Sinema.

Leaders at major U.S.-based cryptocurrency exchanges have called on users to contact their representatives. Binance.US CEO Brian Brooks — prior to his resignation today — pushed Fight to the Future’s message and Coinbase CEO Brian Armstrong urged his more than 743,000 Twitter followers to support the amendment from Wyden, Lummis and Toomey.

“This debate in the Senate started because the government sees the growing crypto industry as a source of tax revenue,” said Armstrong. “We agree everyone must pay their taxes. There is no debate on this topic. But destroying some of the most exciting innovations in the process is unconscionable.”

Tags
Law
Related Posts
Crypto language in the infrastructure bill is a political shell game, says Cointelegraph GC
Zachary Kelman, general counsel of Cointelegraph, said that the political fight over the tax implications for crypto in the United States infrastructure bill is nothing new, as it’s likely about how lawmakers plan to pay for everything. In an interview with Cointelegraph's Jackson DuMont, Kelman claimed that senators pushing the crypto language in the infrastructure bill — which ultimately passed in the U.S. Senate after one senator objected to a clarifying amendment — may have been more influenced by political concerns than ones potentially affecting the crypto space. Namely, the general counsel claimed that lawmakers know that crypto firms “can't …
Regulation / Aug. 18, 2021
Some US lawmakers want Bitcoin miners to be exempted from proposed crypto taxes
Lawmakers in the United States have called for caution regarding implementing a proposed tax policy that could have significant implications for America’s crypto space. As previously reported by Cointelegraph, an expanded crypto taxation regime was a last-minute addition to the $1-trillion infrastructure deal currently being debated in Congress. According to the proposed amendments, tighter rules on crypto reporting requirements could provide $28 billion in additional funding for the government. However, Senator Patrick Toomey is among a group of senators who have warned of the broad language used in the expanded crypto tax policy. According to a Washington Post article, Toomey …
Bitcoin / Aug. 3, 2021
The global corporate tax rate: Crypto savior or killer?
At a meeting in London earlier this month, the finance ministers from the G7 — the United States, Japan, Britain, Germany, France, Italy and Canada — unanimously agreed to begin creating the framework for a global corporate tax rate. The framework laid out a “two pillar” principle. The first pillar ensures that companies that make a 10% profit margin would be subject to the tax rate. The second pillar ensures that countries will charge a 15% minimum tax rate. Under all of this, the new rules will focus on where the profit was made and not where the company is …
Regulation / June 10, 2021
Things to know (and fear) about new IRS crypto tax reporting
The Infrastructure Investment and Jobs Act (H.R. 3684) put crypto in the crosshairs, where Congress and the Internal Revenue Service (IRS) hope to scoop up enormous tax dollars. This reporting regime is projected to rake in an astounding $28 billion over the next ten years. No other provision in this massive recently enacted federal law is supposed to produce tax dollars that are even close. If you don’t think that means the IRS is coming for your crypto in a very big way and that Congress is trying hard to facilitate it, think again. The crypto community was outraged when …
Blockchain / Dec. 4, 2021
Biden is hiring 87,000 new IRS agents — and they're coming for you
The Inflation Reduction Act, signed into law this month by President Joe Biden, empowers the IRS with nearly $80 billion in new funds. The world’s most powerful tax collection agency is using the money to go on a hiring spree to fuel much tougher enforcement efforts. It is widely assumed that the audits will be brutal and widespread. Taxes start with tax returns, which must be signed under penalties of perjury. The Biden administration has said that the audits on steroids are for fat cats who have escaped having to pay their fair share for too long. The administration has …
Regulation / Aug. 19, 2022