Crypto Regulation News Update 2026: CLARITY Act, SEC-CFTC Framework, and 1099-DA Cost Basis Reporting Goes Live

By: WEEX|2026/04/21 23:15:00
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Latest crypto regulation news April 2026: CLARITY Act stalled over stablecoin yield, Senate window closing. IRS Form 1099-DA cost basis reporting now mandatory. SEC-CFTC taxonomy guide. Actionable compliance insights.

TL;DR

  • CLARITY Act Stalled in Senate: Banking trade groups successfully lobbied to delay the market structure bill. Senate Banking Committee markup pushed to May 2026 at earliest. Stablecoin yield remains the core deadlock—banks fear deposit flight while White House CEA data shows minimal impact .
  • Senate Agriculture Committee Advanced Its Version: The Agriculture panel passed its CLARITY Act portion on a narrow 12–11 party-line vote. Focuses on CFTC registration for digital commodity intermediaries.
  • 1099-DA Cost Basis Reporting Went Live April 15, 2026: Brokers (centralized exchanges, custodial wallets) must now report cost basis to the IRS. For 2025 transactions, brokers reported only gross proceeds—taxpayers must calculate basis themselves .
  • Missing Cost Basis Is the #1 Problem: If you bought on one exchange and sold on another, your 1099-DA may show proceeds without basis—making it look like you have 100% gain. Fix on Form 8949 using complete transaction history.
  • CLARITY Act Timeline Narrowing: If bill doesn't reach Senate floor by May 2026, midterm election cycle will likely kill it until next Congress. Five legislative hurdles remain .

CLARITY Act Update: Senate Stalled, Banking Lobby Wins, and Why May Is the Hard Deadline

The Digital Asset Market CLARITY Act—the most comprehensive crypto market structure legislation ever considered by Congress—is in jeopardy. After the House passed its version in July 2025, the Senate was expected to follow in early 2026. But as of late April 2026, the bill remains stuck in committee, and the legislative window is closing .

What the CLARITY Act Would Do

The CLARITY Act would establish a statutory framework for determining whether a digital asset is a security or a commodity, based primarily on how decentralized the asset is . Key provisions include:

ProvisionDescription
Digital Commodity DefinitionStatutory test for assets linked to decentralized blockchains → CFTC jurisdiction
Investment Contract AssetsTokens sold with profit-from-others expectations → SEC jurisdiction
CFTC RegistrationExchanges, brokers, dealers handling digital commodities must register with CFTC
Customer Asset SegregationQualified custody requirements aligned with traditional markets
State Law PreemptionUniform federal framework replaces inconsistent state licensing

Crypto still taxed as property: Critically, the CLARITY Act does not change crypto's tax status. Even if an asset is regulated as a commodity or security, the IRS continues to treat it as property for federal tax purposes. Capital gains rules apply—not the Section 1256 commodity tax treatment .

Why the Bill Is Stalled: Three Unresolved Issues

Senate Banking Committee Chairman Tim Scott identified three sticking points on April 14, 2026, explaining why markup couldn't proceed in April :

1. Stablecoin Yield (The Core Deadlock)

The most contentious issue: Can stablecoin issuers pay yield to holders?

  • The compromise (March 2026) : Senators Thom Tillis (R-NC) and Angela Alsobrooks (D-MD) reached a tentative agreement after two months of negotiations. The deal would prohibit passive holding yield (earning interest just for holding) but allow rewards for payment, transfer, and other on-chain activities .
  • The bank lobby's last-minute objection (April 2026) : After the White House Council of Economic Advisers released a report on April 8, 2026, concluding that banning stablecoin yield would only increase bank loans by 0.02%, banking trade groups escalated opposition. The North Carolina Bankers Association organized members to call Tillis's office directly. The American Bankers Association criticized the CEA report for creating a "false sense of security," warning that yield-bearing stablecoins could cause up to $6.6 trillion in deposit outflowsfrom community banks .
  • Current status: Tillis has not released the compromise text publicly. He proposed a "crypto palooza" to bring bankers and crypto experts together, but this delays further. On April 17, 2026, Tillis announced he would not release the compromise language, citing uncertain timing for committee consideration .

2. DeFi Compliance Provisions

Democratic senators, citing recent major DeFi hacks (KelpDAO $292 million, Drift Protocol $285 million in April 2026 alone), demand stricter anti-money laundering and sanctions compliance provisions for decentralized protocols. Republicans argue existing frameworks suffice. Scott believes this can be resolved in two weeks—if stablecoin yield is settled first .

3. Ethics Provisions

Democrats seek restrictions on senior government officials profiting from crypto assets while in office—a sensitive issue given the Trump family's involvement with World Liberty Financial (WLFI). Republicans worry proposed limits are too broad and could be weaponized politically .

Senate Agriculture Committee Advanced Its Version, But It's Not Enough

On January 29, 2026, the Senate Agriculture Committee advanced its portion of the CLARITY Act on a narrow 12–11 party-line vote (all Republicans in favor, all Democrats opposed) .

The Agriculture version focuses on:

  • CFTC registration for digital commodity exchanges, brokers, and dealers
  • Minimum capital requirements for intermediaries
  • Risk disclosures and anti-fraud prohibitions

Why this isn't sufficient: The Agriculture Committee only has jurisdiction over commodity-related provisions. The Senate Banking Committee must handle SEC-related provisions, stablecoin rules, and consumer protection. Without Banking Committee approval, the bill cannot reach the Senate floor .

The White House "Project Crypto" Initiative

While Congress stalls, the SEC and CFTC are moving ahead administratively. On January 29, 2026 (the same day as the Agriculture Committee vote), SEC Chairman Paul Atkins and CFTC Chairman Mike Selig previewed Project Crypto—a joint initiative to align the two agencies' approaches to digital asset markets, tokenization, and on-chain infrastructure .

Project Crypto focuses on clarifying how existing regulations apply, not proposing new rules. This includes guidance on:

  • Jurisdictional boundaries between SEC and CFTC
  • Tokenized securities and on-chain settlement
  • Regulated trading models within existing statutory frameworks

My original insight: Project Crypto is effectively the CLARITY Act's administrative backup plan. If Congress fails to pass legislation, the agencies will do what they can with existing authority. But administrative guidance lacks statutory permanence—a future administration could reverse it. The CLARITY Act would lock in rules by statute, surviving political cycles.

May 2026: The Hard Deadline

Senator Bernie Moreno (R-OH) issued a stark warning: if the CLARITY Act doesn't reach a full Senate vote by May 2026, the midterm election cycle will make major crypto legislation "politically untouchable" until the next Congress .

Remaining hurdles (even if Banking Committee markup happens):

  1. Banking Committee vote
  2. Full Senate passage (60 votes needed to overcome filibuster)
  3. Reconciliation with Agriculture Committee version
  4. Reconciliation with House-passed version (July 2025)
  5. Presidential signature

The immediate trigger: The Senate Banking Committee must issue a markup notice by April 25, 2026 to vote the week of April 27. But on April 22, the committee's attention will be consumed by the confirmation hearing for Kevin Warsh, Trump's nominee for Federal Reserve Chair. If no notice appears by April 25, the bill slides into May—after the Senate returns from recess .

Ripple CEO Brad Garlinghouse initially predicted April completion; he has since pushed expectations to late May .

What CLARITY Act Passage Would Mean for You

StakeholderImpact
InvestorsClear rules on which assets are commodities vs. securities. Exchanges register with CFTC, providing greater market integrity.
ProjectsStatutory "digital commodity" test. If your token meets decentralization criteria, it's not a security—permanently, not just by agency guidance.
ExchangesCFTC registration pathway replaces state-by-state licensing. Uniform federal standards reduce compliance costs.
TaxpayersNo change—crypto remains property for tax purposes. CLARITY Act doesn't alter IRS treatment .

The CLARITY Act's most underappreciated provision is the statutory "digital commodity" test. Currently, the SEC-CFTC March 17 guidance is just interpretive—a future SEC chair could rescind it. The CLARITY Act would codify the test into law, surviving administration changes. That's why the banking lobby is fighting so hard: statutory permanence for crypto rules is a once-in-a-decade event.

Crypto Tax News Update: Form 1099-DA Cost Basis Reporting Is Now Mandatory

On April 15, 2026, the IRS formally implemented mandatory cost basis reporting for digital asset brokers . This is the single most important change to crypto tax compliance since the IRS first declared crypto was property in 2014.

What Changed on April 15, 2026

Tax YearReporting RequirementStatus
2025 transactionsBrokers report gross proceeds only. No basis reporting. Taxpayers calculate basis themselves.Forms sent by Feb 17, 2026
2026 transactions (starting Jan 1, 2026)Brokers must report cost basis, acquisition date, and holding period.Mandatory as of April 15, 2026

Who Must File Form 1099-DA

The IRS defines "broker" broadly to include :

  • Custodial digital asset trading platforms (Coinbase, Kraken, Binance.US)
  • Hosted wallet providers
  • Centralized exchanges
  • Digital asset middlemen and agents

Transitional relief: Non-custodial entities (e.g., decentralized exchanges, DeFi protocols) have delayed application. The IRS provided penalty relief for 2025 missed reporting .

The #1 Problem: Missing Cost Basis

This is the most common issue taxpayers face with Form 1099-DA in 2026 .

Why it happens:

  • You bought Bitcoin on Exchange A for $30,000
  • You moved it to a hardware wallet
  • You sold it on Exchange B for $95,000

Exchange B sees the sale but not the original purchase. Their 1099-DA shows $95,000 in proceeds with blank or zero basis—making it look like you have a $95,000 gain. Your actual gain is $65,000 .

How to fix it:

  • Do not request a corrected 1099-DA (the broker cannot know what it never knew)
  • Rebuild your cost basis from complete wallet and exchange history
  • Report the correct numbers on Form 8949 (Sales and Other Dispositions of Capital Assets)
  • Attach your records showing the original purchase

What Information Is on Form 1099-DA

For 2025 transactions (already filed) :

  • Taxpayer name, address, TIN
  • Digital asset name and code
  • Number of units sold
  • Transaction date
  • Gross proceeds
  • Type of sale (cash, services, other property)

For 2026 transactions (new as of April 15, 2026) , brokers must also report :

  • Adjusted basis of the asset sold
  • Date the asset was originally acquired
  • Whether the sale yields short-term, long-term, or ordinary gain/loss

Covered Securities vs. Non-Covered Securities

This distinction is critical:

TypeDefinitionBroker Reports Basis?
Covered securityDigital asset acquired after 2025AND held in the broker's platform the entire timeYES
Non-covered securityDigital asset acquired before 2026 OR transferred into the platformNO—taxpayer must track basis

What this means: If you've held crypto since 2021 and only now sold it on a centralized exchange, the broker will notreport your basis. The IRS expects you to maintain your own records.

Every Taxpayer Must Answer the Digital Asset Question

Regardless of whether you received a Form 1099-DA, every taxpayer filing a 2025 return (due April 15, 2026, with extensions) must answer the digital asset question: "At any time during 2025, did you: (a) receive (as a reward, award, or payment for property or services); or (b) sell, exchange, or otherwise dispose of a digital asset (or a financial interest in a digital asset)?"

Answering "yes" doesn't automatically mean you owe tax—but answering "no" when you should have answered "yes" is tax fraud.

Practical Steps for 2026 Tax Compliance

For transactions already completed in 2025 (reported on 2025 returns):

  • Verify you have all 1099-DA forms from every exchange you used
  • Reconcile proceeds against your own records
  • If basis is missing, rebuild from wallet history and report on Form 8949
  • Answer the digital asset question truthfully

For 2026 transactions going forward (to be reported on 2026 returns):

  • Maintain a complete transaction log across all wallets and exchanges
  • Consider crypto tax software to track basis automatically
  • For assets transferred between platforms, document the transfer with cost basis attached
  • Be aware that brokers will report basis for covered securities—ensure their records match yours

The shift to cost basis reporting is actually a compliance opportunity for diligent investors. Once brokers report basis, the IRS can automatically match your return against their data. If you've kept good records, this verification protects you from audits. The taxpayers who get burned are those who relied on the "honor system" and never tracked basis. That era is over.

-- Price

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FAQ: Your Top Questions on CLARITY Act and Crypto Taxes

Q1: What is the CLARITY Act and why does it matter?

The Digital Asset Market CLARITY Act is the first comprehensive crypto market structure bill to pass either chamber of Congress. It would establish a statutory test for determining whether a digital asset is a security (SEC jurisdiction) or a commodity (CFTC jurisdiction), based primarily on how decentralized the asset is .

Why it matters: Currently, the SEC-CFTC March 17 guidance is just interpretive—a future administration could rescind it. The CLARITY Act would codify the framework into law, providing permanent rules that survive political cycles.

Q2: Will the CLARITY Act pass in 2026?

Likely not by May, and if not, almost certainly not before the midterm elections. The Senate Banking Committee markup has been delayed to May at earliest. Senator Bernie Moreno warned that if the bill doesn't reach the floor by May, it's "politically untouchable" until the next Congress .

The banking lobby's successful last-minute opposition to the stablecoin yield compromise has stalled momentum. Five legislative hurdles remain. Realistic expectation: Passage in 2026 is now unlikely. Watch for renewed effort in 2027.

Q3: Does the CLARITY Act change how crypto is taxed?

No. The CLARITY Act addresses market structure (SEC vs. CFTC jurisdiction), not tax treatment. The IRS continues to treat cryptocurrency as property for federal tax purposes, not as securities or commodities. This means:

  • Capital gains rules apply (not Section 1256 commodity treatment)
  • No wash sale rule for crypto (unlike securities)
  • Every sale or trade is a taxable event

Q4: What changed with crypto taxes on April 15, 2026?

Brokers (centralized exchanges, custodial wallets) must now report cost basis to the IRS on Form 1099-DA for transactions occurring on or after January 1, 2026 .

For 2025 transactions, brokers reported only gross proceeds—taxpayers had to calculate basis themselves. Starting with 2026 transactions, the IRS receives both proceeds AND basis, enabling automatic matching.

Q5: My 1099-DA shows proceeds but no basis. What do I do?

This is the most common problem, especially for crypto you bought on one exchange and sold on another, or held in self-custody before selling on an exchange .

Solution:

  1. Pull records from every wallet/exchange where you acquired the crypto
  2. Calculate your actual cost basis (purchase price + fees)
  3. Report the correct gain/loss on Form 8949
  4. Do not request a corrected 1099-DA—the broker cannot know basis for assets acquired elsewhere

Q6: What happens if I don't report crypto transactions?

The IRS now receives 1099-DA data directly from brokers. For 2025 transactions (proceeds only), the IRS sees gross sales but not basis. For 2026 transactions, the IRS sees both proceeds AND basis.

If you don't report, the IRS's automated system will flag discrepancies. Consequences can include:

  • Audits
  • Penalties (failure to file: 5% per month up to 25%; accuracy-related penalty: 20%)
  • Interest on unpaid tax
  • In extreme cases, criminal prosecution for tax evasion

Q7: Does the SEC-CFTC March 17 guidance change anything for taxes?

No. The guidance addresses securities/commodities classification, not tax status. Crypto remains property for tax purposes regardless of whether it's labeled a "digital commodity" or "digital security" .

The guidance does, however, help with tax reporting by providing clear categories. For example, knowing your asset is a "digital commodity" rather than a security doesn't change your tax treatment—but it may affect which broker or exchange you use, which affects which 1099-DA you receive.

Q8: I only held crypto, didn't sell. Do I need to do anything?

For taxes: If you only held (no sales, trades, or disposals) in 2025, you generally do not have a taxable event. However, you must still answer the digital asset question on your tax return. Checking "yes" to holding without selling is fine—you just report no capital gains .

For regulatory compliance: Holding is not regulated activity. The SEC-CFTC guidance and CLARITY Act focus on issuance, trading, and intermediary services—not passive holding.

Q9: What's the difference between the CLARITY Act and the GENIUS Act?

AspectCLARITY ActGENIUS Act
FocusMarket structure (SEC vs. CFTC jurisdiction)Payment stablecoins
StatusPassed House July 2025; stalled in SenateEnacted July 2025
Key provisionStatutory "digital commodity" testFederal stablecoin issuer framework
Tax impactNoneNone

The GENIUS Act is already law. The CLARITY Act is still being negotiated.

1099-DA Is Live. CLARITY Act Is Stalled. Here's What You Need to Do.

April 2026 is a pivotal month for crypto regulation in the United States—but for very different reasons than most people realize.

On the legislative front, the CLARITY Act is stalled, with Senate Banking Committee markup pushed to May at the earliest. Banking trade groups successfully lobbied against the stablecoin yield compromise, and Senator Bernie Moreno warns that if the bill doesn't reach the floor by May, the midterm election cycle will kill it until the next Congress . Ripple CEO Brad Garlinghouse has pushed his expected passage timeline from April to late May .

On the tax front, however, the rules are already here—and they're enforceable. Form 1099-DA cost basis reporting went live on April 15, 2026 . Brokers now report both proceeds and basis to the IRS for 2026 transactions. The era of crypto tax "honor system" is over.

Don't wait for CLARITY Act passage to address tax compliance. Whether or when Congress passes market structure legislation, the IRS expects accurate reporting on 2025 and 2026 transactions. Missing cost basis is the #1 problem, but it's fixable with proper records .

What separates successful crypto investors from those who get audited in 2026-2027 isn't trading skill—it's recordkeeping discipline. The IRS now has the same data visibility into crypto that it has had for stocks for decades. Act accordingly.

This article is for informational purposes only and does not constitute legal or tax advice. Crypto regulations vary by jurisdiction and are subject to change. Always consult with qualified legal and tax professionals regarding your specific situation. Information current as of April 21, 2026.

About WEEX

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