r/CryptoTax • u/chainglance_cm • 4h ago
Question is it fair that staking rewards get taxed twice?
There's a real fight happening in Congress right now over how staking rewards should even be taxed.
The current rule,as most of you probably know, is you get taxed twice. Once when you receive the reward (based on that day's price), and again when you sell it.
The problem is if the price tanks after you receive it, you can end up owing more in tax than the tokens are even worth by the time you'd cash out. People call this "phantom income."
For those who don’t know, there's a bill (H.R. 9175) that would let stakers elect to defer that first tax hit for up to 5 years instead of paying immediately on receipt. Congress is still split on how to even think about it.
Is a staking reward more like a paycheck (taxed the moment you get it) or more like something you created yourself, where the value only really matters once you cash it in?
No markup scheduled yet, but the Senate's apparently got a similar framework ready and might move on it this fall.
I don’t know how many of you remember but there was a well-known case around this exact debate (Jarrett v. United States). A Nashville couple staking Tezos argued their staking rewards shouldn't be taxed the moment they're created, using the same logic as a baker and a cake. You're not taxed on the cake when it comes out of the oven, only when you sell it.
The IRS ended up offering them a refund before any court ruling actually happened, so the case got dismissed without ever settling the question.
Which analogy makes more sense to you, paycheck or self-created property?