Senator Lummis Blasts ‘Flawed’ US Crypto Tax Rules, Demands Broker Definition Reform

Photo of author

By Tyler Matthews

The evolving landscape of digital assets in the United States continues to grapple with complex regulatory challenges, particularly concerning taxation. Amidst calls for clearer and more equitable frameworks, Senator Cynthia Lummis has emerged as a prominent voice, criticizing the current tax policies as fundamentally flawed and disproportionately burdening innovators within the cryptocurrency space. Her interventions underscore a broader debate about how traditional financial regulations apply to a rapidly advancing technological sector.

Senator Lummis’s Critique of Crypto Tax Rules

Senator Cynthia Lummis has forcefully articulated her concerns regarding the existing tax regulations for digital assets, labeling them “bad tax regulations.” She contends that these rules unfairly target Bitcoin and other cryptocurrencies, creating significant hurdles for participants, especially Bitcoin miners. Lummis, a long-standing proponent of digital assets, has characterized the current tax regime as a “complete mess,” with its most problematic aspects directly impacting the Bitcoin ecosystem. She specifically highlighted via an X post that America’s crypto tax laws disproportionately affect Bitcoin and other digital assets, emphasizing the need for legislative revision.

Bitcoin and digital assets are being unfairly targeted because of flawed tax rules. We need crypto revisions in reconciliation.

— Senator Cynthia Lummis (@SenLummis) June 10, 2025

The Problematic “Broker” Definition and Compliance Burdens

The crux of Senator Lummis’s criticism likely stems from the IRS’s crypto tax reporting rules, particularly those embedded in the 2021 Infrastructure Investment and Jobs Act (also known as the Bipartisan Infrastructure Law). This legislation significantly expanded the definition of “brokers” in Sections 6045 and 6045A to encompass digital assets broadly. This wide-ranging categorization has drawn considerable criticism from industry participants, including miners and developers, who argue that they are unjustly classified as brokers.

The implication for these entities is a severe compliance burden. They are effectively mandated to report sensitive user information, such as names and transaction amounts, in their tax filings – data they often do not possess or cannot reasonably access. This requirement, they argue, makes compliance virtually impossible and sets the stage for potential duplicative taxation. For instance, Bitcoin miners face taxation on their block rewards and potentially again on capital gains when they sell their holdings. Similarly, participants in decentralized finance (DeFi) could encounter multiple taxable events even without realizing profits.

Proposed Solutions and Broader Legislative Context

Senator Lummis is advocating for substantial revisions to these cryptocurrency rules, specifically pushing for their amendment during the reconciliation procedure in Congress. She views reconciliation as a viable pathway to accelerate the amendment process, as it allows certain tax or spending bills to be approved with a simple majority, circumventing typical bipartisan gridlock. Her primary goal is to redefine the term “broker” to exclude entities like miners and developers, thereby alleviating their undue compliance obligations.

Amidst these regulatory debates, several other legislative initiatives are progressing through Congress, indicating a broader effort to provide clarity to the digital asset space. These include the GENIUS Act, reportedly on the verge of a cloture vote, and the CLARITY Act, which is also moving forward. Furthermore, a bill has been introduced to formalize President Donald Trump’s executive order for a Strategic Bitcoin Reserve into law. The momentum behind these legislative actions provides a glimmer of hope that the comprehensive cryptocurrency tax reforms championed by Senator Lummis could soon come to fruition.

Despite the ongoing regulatory uncertainties and the complexities highlighted by Senator Lummis, the cryptocurrency market has shown remarkable resilience. Bitcoin, for example, recently achieved a new all-time high of $111,970. This market performance underscores the robust demand and growing adoption of digital assets, even as lawmakers continue to shape the regulatory framework that will profoundly reshape the industry’s future.

Share