The United States Senate is set to approach a pivotal vote on the CLARITY Act, legislation designed to establish a legal framework for the cryptocurrency market. Senator Cynthia Lummis has signaled that this bill might provide a significant boost for Bitcoin. Yet, the path to regulatory clarity is muddled by objections from the banking sector regarding stablecoins and demands from Democrats for stringent ethical rules.
What Could Change for Banks?
The CLARITY Act seeks to distinctly authorize federally chartered banks to offer services such as custody, lending, and brokerage for digital assets. This proposed change could allow these banks to hold digital assets on their balance sheets to the extent necessary for activities like risk and liquidity management. The bill also delineates the oversight of digital assets between the U.S. Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC).
Senate procedural voting on September 15 aims not for final approval, but to advance the discussion process. At least 60 votes are necessary, requiring bipartisan support with at least seven Democrats joining the 53 Republicans.
Is the White House’s Strategy Enough?
The White House has intensified its efforts to persuade Republican senators who share regional banks’ concerns. This push coincides with the Trump administration’s stance that no clear link has been found between the growth of stablecoins and deposit exits from regional banks. Patrick Witt, Executive Director of the Digital Assets Advisory Council, echoed this sentiment, arguing that claims about stablecoin incentives leading to deposit flight lack data support. Thus, efforts continue to sway Republican support, but banking sector objections might still impact the required vote tally.
The Council of Economic Advisers plans to release a tool allowing users to input assumptions and test scenarios. Nevertheless, Republican Senator John Cornyn remains unconvinced that recent amendments fully address regional banks’ worries.
Democrats demand stronger ethical provisions to limit conflicts of interest related to cryptocurrencies among public officials and their families. Senator Mark Warner and others argue that the existing text fails to effectively address concerns related to the president and their family.
Crypto Tax Overhaul: What’s Next?
A separate bill focusing on cryptocurrency taxation is being considered in the House of Representatives. According to Bitcoin News, the 114-page Digital Asset Tax Certainty Act, proposed by Revenue Committee Chairman Jason Smith, will address tax issues from September 16. Among its measures is the exemption of network and transaction fees below $10, though this benefit won’t apply to users conducting more than 5,000 crypto transfers annually.
The bill also proposes introducing “wash-sale” rules, akin to those for stocks, to limit investors from claiming tax losses through the immediate repurchase of sold crypto assets.
Discussions are ongoing about deferring taxation of cryptocurrencies acquired via mining and staking to the point of sale. However, this provision faces resistance from House Republicans, who consider extending its deferral to just five years or even removing it. With a tight legislative schedule looming before November, the timeline for potential enactment by 2026 remains uncertain.
