[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9174 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 9174
To establish the Digital Assets Voluntary Disclosure Program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 8, 2026
Mr. Bean of Florida introduced the following bill; which was referred
to the Committee on Ways and Means
_______________________________________________________________________
A BILL
To establish the Digital Assets Voluntary Disclosure Program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Digital Assets Voluntary Disclosure
Program Act''.
SEC. 2. ESTABLISHMENT OF DIGITAL ASSETS VOLUNTARY DISCLOSURE PROGRAM.
(a) In General.--Not later than 12 months after the date of the
enactment of this Act, the Secretary shall establish the Digital Assets
Voluntary Disclosure Program (hereinafter referred to as the
``program'') to allow eligible taxpayers to remedy digital assets
violations by fulfilling the remedial requirements described in
subsection (b).
(b) Remedial Requirements.--The remedial requirements of this
subsection are fulfilled if, at such time and in such manner as the
Secretary determines appropriate--
(1) in the case of an uncertified eligible taxpayer, such
taxpayer--
(A) submits an application to participate in the
program,
(B) files, not later than 24 months after the date
on which the Secretary establishes the program, an
amended return for each applicable taxable year with
respect to which the proper amount of any tax item is
affected by any digital assets violation,
(C) notwithstanding the expiration of any period of
limitation on assessment, provides immediate payment,
or enters into (and is in compliance with) an
installment agreement under section 6159 to provide
payment, of--
(i) the aggregate amount of the deficiency
of tax (including any interest thereon)
attributable to all digital assets violations,
and
(ii) the digital assets violation penalty,
and
(D) fulfills such other requirements, and provides
such other information, as the Secretary determines
appropriate, and
(2) in the case of a certified eligible taxpayer, such
taxpayer fulfills the requirements of subparagraphs (B), (C),
and (D) of paragraph (1).
For purposes of paragraph (1)(A), the Secretary may impose a reasonable
fee for submission of an application to participate in the program.
(c) Benefits.--If the remedial requirements described in subsection
(b) have been fulfilled to the satisfaction of the Secretary--
(1) in the case of an uncertified eligible taxpayer--
(A) payment of the digital assets violation penalty
under subsection (b)(1)(C)(ii) shall waive all further
penalties under sections 6662 and 6663 with respect to
any deficiency of tax attributable to any digital
assets violation properly disclosed by the taxpayer
under the program, and
(B) the Secretary shall not use any information
properly disclosed by the taxpayer under the program
for purposes of referring such taxpayer for criminal
investigation, or prosecuting such taxpayer, under
section 7201, 7203, or 7206 (other than paragraph (2)
thereof) with respect to any digital assets violation
properly disclosed by the taxpayer under the program,
and
(2) in the case of a certified eligible taxpayer, payment
of the digital assets violation penalty under subsection
(b)(1)(C)(ii) shall waive all further penalties under section
6662 with respect to any deficiency of tax attributable to any
digital assets violation properly disclosed by the taxpayer
under the program.
(d) Definitions.--For purposes of this section--
(1) Eligible taxpayer.--
(A) In general.--The term ``eligible taxpayer''
means any uncertified eligible taxpayer or certified
eligible taxpayer.
(B) Uncertified eligible taxpayer.--The term
``uncertified eligible taxpayer'' means any taxpayer
who--
(i) committed any digital assets violation
during the applicable period,
(ii) does not certify, under penalty of
perjury, that no digital assets violation
occurring during the applicable period was
committed fraudulently or willfully, and
(iii) if subject to--
(I) any ongoing criminal
investigation with respect to any
digital assets violation, or
(II) any ongoing audit or
examination by the Internal Revenue
Service with respect to any applicable
taxable year,
has been issued a waiver by the Secretary to
nonetheless participate in the program.
(C) Certified eligible taxpayer.--The term
``certified eligible taxpayer'' means any taxpayer
who--
(i) committed any digital assets violation
during the applicable period,
(ii) certifies, under penalty of perjury,
that no digital assets violation occurring
during the applicable period was committed
fraudulently or willfully, and
(iii) if subject to any ongoing audit or
examination by the Internal Revenue Service
with respect to any applicable taxable year,
has been issued a waiver by the Secretary to
nonetheless participate in the program.
(2) Digital assets violation.--
(A) In general.--The term ``digital assets
violation'' means, with respect to any eligible
taxpayer, any instance in which such taxpayer failed to
comply with a requirement under the Internal Revenue
Code of 1986 if--
(i) such instance relates to the ownership
of, or transactions in, digital assets during
the applicable period, and
(ii) such failure affects the proper amount
of any tax item with respect to any applicable
taxable year.
(B) Digital asset.--For purposes of subparagraph
(A), the term ``digital asset'' means, except as
otherwise provided by the Secretary, any digital
representation of value which is recorded on a
cryptographically secured distributed ledger or any
similar technology as specified by the Secretary.
(3) Applicable period.--The term ``applicable period''
means, with respect to any eligible taxpayer, the period--
(A) beginning with the later of--
(i) the taxpayer's first taxable year with
respect to which the proper amount of any tax
item is affected by any digital assets
violation, or
(ii) the taxpayer's first taxable year with
respect to which a return of tax was filed
during the 6-year period (3-year period in the
case of a certified eligible taxpayer)
immediately preceding the date of the enactment
of this Act, and
(B) ending with the taxpayer's last taxable year
ending before the date of the enactment of this Act.
(4) Applicable taxable year.--The term ``applicable taxable
year'' means, with respect to any eligible taxpayer, any
taxable year during the applicable period with respect to such
taxpayer.
(5) Digital assets violation penalty.--
(A) In general.--The digital assets violation
penalty is an amount equal to the sum of--
(i) 25 percent (0 percent in the case of a
certified eligible taxpayer) of the aggregate
amount of so much of the deficiency of tax
attributable to all digital assets violations
as does not exceed $25,000 with respect to each
applicable taxable year, plus
(ii) 40 percent (5 percent in the case of a
certified eligible taxpayer) of the aggregate
amount of so much of the deficiency of tax
attributable to all digital assets violations
as exceeds $25,000 with respect to each
applicable taxable year.
(B) Special rules for amended returns filed after
certain date.--In the case of an amended return with
respect to any applicable taxable year filed after the
date that is 12 months after the date on which the
Secretary establishes the program, subparagraph (A)
shall be applied with respect to such applicable
taxable year--
(i) by substituting ``40 percent'' in lieu
of ``25 percent'' in clause (i) thereof,
(ii) by substituting ``5 percent'' in lieu
of ``0 percent'' in clause (i) thereof,
(iii) by substituting ``50 percent'' in
lieu of ``40 percent'' in clause (ii) thereof,
(iv) by substituting ``10 percent'' in lieu
of ``5 percent'' in clause (ii) thereof, and
(v) in the case of a certified eligible
taxpayer, by substituting ``$100,000'' in lieu
of ``$25,000'' each place it appears.
(C) Waiver by secretary.--The Secretary may waive
part or all of the digital assets violation penalty to
the extent the Secretary determines that such a waiver
would be in the interests of justice and the proper
administration of the internal revenue laws, including
in cases involving digital assets violations
attributable to reasonable cause (as determined by the
Secretary).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury or the Secretary's delegate.
(e) Applicability of Section 6665 of Internal Revenue Code of
1986.--For purposes of this section, any deficiency of tax or digital
assets violation penalty shall be assessed, collected, and paid in the
same manner as taxes, as provided in section 6665(a) (without regard to
any restrictions on assessment described in section 6213).
(f) References to Internal Revenue Code of 1986.--Except as
otherwise expressly provided, whenever in this section a reference is
made to a section, the reference shall be considered to be made to a
section of the Internal Revenue Code of 1986.
(g) Regulatory Authority.--The Secretary shall prescribe such
regulations or other guidance as may be necessary or appropriate to
carry out the purposes of this section, including with respect to the
provision of reasonable assurances to taxpayers that any information
properly disclosed under the program shall not be used in contravention
of any benefit described in subsection (c).
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