The Digital Asset Tax Certainty Act, specifically Section 502 of H.R. 10357, proposes a voluntary disclosure program for US crypto investors. If enacted, the Treasury secretary must establish this program within 12 months to allow taxpayers to correct past reporting errors by filing amended returns.
The House Ways and Means Committee approved the bill with a 38-5 vote on September 16, 2026. The legislation still requires approval from the House and Senate and the signature of the president to become law. The program aims to provide a standardized process for resolving tax liabilities.
Under the proposal, taxpayers must file amended returns within 24 months of the program's launch. Those who certify that their errors were not willful face a 0% penalty on the first $25,000 of tax deficiency per year and 5% on amounts exceeding that, provided they file within the first 12 months.
For taxpayers who do not certify their non-willful status, the bill sets penalty rates at 25% for the first $25,000 and 40% for amounts above that. These rates increase if the initial filing window is missed. The bill also offers protection from criminal referrals for those who disclose information properly.
The current IRS Voluntary Disclosure Practice is primarily designed for willful tax violations. Industry experts note that many investors struggle with past reporting due to misunderstandings of tax rules or incomplete records, and a 2026 report indicates only 49% of users recognize that selling crypto is a taxable event.
