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ARTICLE · 15 JANUARY 2025

U.S. Treasury's Overreach In Crypto Broker Reporting Sparks Industry Outrage

Gesmer Updegrove LLP
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Recent developments in Treasury's crypto broker reporting regulations have ignited heated debate across the digital asset community.

United StatesTechnology

Recent developments in Treasury's crypto broker reporting regulations have ignited heated debate across the digital asset community. At the heart of the controversy lies a significant overreach: Treasury's expanded definition of “broker” now includes entities like informational websites, platforms with "connect wallet" features, and other services that merely provide users with data they can use to transact on blockchain networks. This interpretation, codified in TD 10021, has drawn sharp criticism for its legal overextension and potential to stifle innovation in the burgeoning crypto sector.

The Legal Framework

Under Section 6045 of the tax code, brokers are required to report sales of securities and other assets on Form 1099. The Infrastructure Investment and Jobs Act amended this section to include “any person who (for consideration) is responsible for regularly providing any service effectuating transfers of digital assets on behalf of another person.”

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