A survey by Punchbowl News, published on October 4, 2026, indicates that only 10% of congressional staffers believe that legislation regarding digital asset taxation will be enacted before December 31, 2026. The majority of aides express skepticism about the bill's prospects during the upcoming post-election lame-duck session.
Senator Cynthia Lummis has also expressed doubt regarding the passage of the tax bill this year. This outlook persists despite the House Ways and Means Committee approving the Digital Asset Tax Certainty Act (H.R. 10357) on September 16, 2026, with a 38-5 vote.
The H.R. 10357 bill includes provisions for de minimis relief on transaction fees of $10 or less, as well as regulations concerning stablecoins and wash-sale rules. Senator Steve Daines introduced a separate draft in late September or early October 2026 that also covers stablecoin payments and wash-sale extensions.
Legislative progress is hindered by limited Senate floor time and the recent collapse of the Clarity Act. If the current tax legislation fails to pass before the end of the year, the bipartisan committee approval will likely require reconsideration by the new Congress.
