Brokers reporting for 2025 provide gross proceeds without cost basis, meaning the form shows what was sold, but not what it was bought for. Kraken said it fielded thousands of client questions about forms that captured only one side of the calculation.

Two problems

Kraken pointed to two parts of the tax code that cause problems. One is the lack of a de minimis, or low-level, exemption for crypto payments, which means even small purchases with crypto can trigger a taxable event that needs to be declared.

“Imagine you walk into a Steak ’n Shake and pay for a $7.99 meal with Bitcoin through a payment app. You have triggered a taxable event,” Kraken wrote as an example. “You are technically required to look up the cost basis of the specific Bitcoin you spent, calculate whether you had a gain or loss on that fraction of a coin, and report it on Form 8949.”

That’s the same argument libertarian think tank Cato Institute recently made. According to the institute, buying a cup of coffee every day with BTC “can result in over 100 pages of tax filings.”

The second issue is staking. Rewards earned on staked assets are treated as ordinary income at the moment of receipt, based on the token’s market price that day. Most holders keep those tokens instead of selling them, meaning they owe tax on tokens that haven’t been sold.

If the token price falls between receipt and filing, the tax can exceed the asset’s current value. Kraken calls this phantom income and says a large share of the sub-dollar 1099-DAs it issued were staking distributions.

Legislation moving through Congress includes a de minimis provision, but is limited to stablecoins. Kraken is pushing for a broader inflation-indexed exemption, paired with anti-abuse guardrails to prevent structuring.

The exchange is also asking Congress to let taxpayers elect when staking rewards are taxed, either at receipt under current rules or at sale, when a gain or loss is realized.

Kraken says its systems and those of other exchanges already support both reporting methods, but the choice needs to be authorized.

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