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Congress Moves Toward Finalizing Tax Treatment for Regulated Dollar Stablecoins
Washington is not attempting to settle every crypto policy dispute at once. Instead, lawmakers are increasingly converging on a narrower target: regulated, U.S. dollar-pegged stablecoins.
Two parallel tracks are starting to align. The GENIUS Act created the first federal framework for "payment stablecoins," and a bipartisan House tax discussion draft would make it easier to use qualifying dollar stablecoins in everyday transactions by reducing routine tax friction. Taken together, the approach signals a stablecoin-first lane in U.S. crypto policy that could shape how consumers, merchants, and issuers use digital dollars.
What the tax draft proposes
The proposal is contained in the Digital Asset PARITY Act, a bipartisan discussion draft first released in December 2025 by Reps. Max Miller (R-Ohio) and Steven Horsford (D-Nevada), members of the House Ways and Means Committee. A revised version was reissued on March 26, 2026, with major changes to its stablecoin provision.
Under the March draft, gains from selling a "regulated payment stablecoin" generally would not be included in gross income, and losses would not be recognized, unless the taxpayer's basis falls below 99% of the token's redemption value. For exchanges, the recipient would be treated as having a deemed basis of $1.
To qualify, the token must be issued by a permitted payment stablecoin issuer under the GENIUS Act, be pegged solely to the U.S. dollar, and show tight price stability over the prior 12 months. Brokers and dealers are excluded.
In practice, the draft is designed to stop ordinary spending of qualifying dollar stablecoins from triggering small taxable events when the price drifts by fractions of a cent. The carve-out is narrowly aimed at regulated tokens engineered to function as digital representations of the dollar, not at volatile crypto assets.
Why the GENIUS Act matters
The tax draft is explicitly tethered to the category created by the GENIUS Act. Passed with substantial bipartisan support (Senate 68-30; House 308-122), the law defines who may issue payment stablecoins in the U.S., what reserves must back them, and what compliance standards apply.
The GENIUS Act requires 100% reserve backing with liquid assets, imposes Bank Secrecy Act obligations, and mandates anti-money-laundering and sanctions compliance programs.
Implementation is already underway. The OCC released proposed implementing rules in early March 2026 covering reserves, capital, liquidity, and risk management. In April, Treasury and FinCEN/OFAC issued a joint proposed rule on AML and sanctions compliance for permitted issuers. The FDIC has also started outlining application procedures for FDIC-supervised institutions seeking to issue payment stablecoins through subsidiaries.
The PARITY Act draft itself cites the GENIUS Act in its explanatory notes, reflecting a sequencing strategy: define the legal stablecoin first, then make it simpler to use.
Who could qualify
No issuer has yet received formal "permitted payment stablecoin issuer" status, as the regulatory framework is still being finalized and final implementing rules are not required until July 2026. Even so, likely candidates are emerging.
Circle's USDC is widely viewed as the leading contender. Circle already publishes monthly reserve attestations verified by a Big Four accounting firm, holds reserves in U.S. Treasuries and cash at regulated banks, and operates under state money transmitter licenses.
Tether chose a different approach. Rather than restructuring USDT for U.S. compliance, it launched USA₮ in January 2026 through Anchorage Digital Bank, creating a separate U.S.-compliant token.
The GENIUS Act also creates a new pathway for banks. FDIC-insured institutions may apply to issue payment stablecoins through subsidiaries, and major banks are exploring the option. JPMorgan's blockchain arm Kinexys has been developing a deposit token for institutional on-chain settlement, and Bank of America has described stablecoin regulation as the start of a multi-year move toward on-chain banking. If such tokens qualify under GENIUS, they would also be eligible for the PARITY Act's proposed tax treatment.
Implications for users, merchants, and issuers
For users, the main effect would be less friction. Under current rules, selling or exchanging a digital asset can generate a reportable gain or loss regardless of how small. The draft aims to remove that burden for qualifying regulated dollar stablecoins by treating minor deviations around $1 as non-events for tax purposes. If a token deviates beyond the narrow threshold, the special treatment would not apply.
For merchants, the change could reduce a key adoption hurdle. Payments become easier to accept when customers do not worry that every purchase triggers an accounting problem.
Issuers may have the most to gain. The GENIUS Act provides a federal rulebook for reserves and compliance, but a stablecoin business depends on users actually holding and spending the token. If the tax provision becomes law, compliant issuers could make a stronger case that their stablecoins are practical for routine commerce, not merely regulated products.
Legislative status
The PARITY Act text remains a discussion draft, not enacted law. Discussion drafts are often released to signal policy direction, solicit feedback, and gauge political support before a bill is formally introduced. The document still includes explanatory notes and unfinished technical provisions. Reps. Miller and Horsford have said they intend to introduce a formal bill, and lawmakers have discussed whether crypto tax provisions could be included in a broader reconciliation package. Passage is not assured.
What happens next
If the stablecoin provision becomes law, qualifying regulated dollar stablecoins would be easier to use in routine U.S. transactions. The draft indicates it would apply to taxable years beginning after Dec. 31, 2025.
If it does not pass, it likely would not harm stablecoins directly. The GENIUS Act is already in effect and is being implemented by Treasury, the OCC, the FDIC, and FinCEN. The missing layer would be tax simplification for consumers and businesses.
That gap highlights the unresolved question in U.S. stablecoin policy: whether regulated dollar stablecoins will remain primarily licensed financial products or become everyday digital dollars people and businesses can use without hesitation.