PolicyBrief
H.RES. 212
119th CongressMar 11th 2025
Returning Senate Joint Resolution 3 to the Senate.
HOUSE PASSED

Expresses the House's disapproval of an IRS rule on digital asset sales reporting, citing constitutional concerns and infringement on House privileges, and requests the Senate to reconsider the resolution.

Jason Smith
R

Jason Smith

Representative

MO-8

LEGISLATION

House Challenges IRS Rule on Digital Asset Reporting: Cites Constitutional Concerns

The House just passed a resolution slamming a new IRS rule about how brokers need to report digital asset sales. This isn't just a minor tweak; it's a direct challenge to the IRS, claiming the rule violates the Constitution and steps on the House's turf. The resolution demands the Senate send back the related joint resolution (S.J. Res. 3), basically saying, "This is our territory."

What's the Fuss About?

The core issue is how brokers report "gross proceeds" from digital asset sales. Think of it like this: when you sell stock, your broker reports how much money you made before any fees or expenses. This resolution argues the IRS is overreaching with this requirement for digital assets, like Bitcoin or NFTs. The exact constitutional beef is not specified in the resolution, but it broadly asserts that the IRS rule infringes upon the House's privileges.

Real-World Ripple Effects

If this resolution gains traction, it could mean less paperwork for brokers dealing in digital assets. For the average person trading crypto, it might mean a bit less info automatically shared with the IRS. However, it also raises questions. Less reporting could make it harder to track taxable gains, potentially creating loopholes. The resolution doesn't lay out alternative reporting methods, it simply rejects the current IRS approach.

The Bigger Picture

This move fits into a larger battle over who controls crypto regulation. The resolution essentially calls out the IRS for potentially exceeding its authority. It also highlights a tension: balancing the need for clear tax rules with concerns about government overreach in the rapidly evolving world of digital finance. It is important to note that this resolution, on its own, does not change any law. It is a formal statement of disapproval, not legislation with immediate effect.