H.R. 9174

[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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