Treasury to Exempt Bitcoin from 15% CAMT Tax on Unrealized Gains, Saving Strategy Billions
The Treasury Department is getting ready to formally exempt crypto holdings from the Corporate Alternative Minimum Tax (CAMT), which might get rid of a possible multibillion-dollar tax legal responsibility for firms like Strategy that maintain substantial Bitcoin reserves.
According to Eleanor Terret, the transfer addresses the 15% minimal tax on massive firms’ monetary assertion earnings that may have pressured firms to pay taxes on unrealized digital asset positive factors underneath accounting guidelines requiring mark-to-market valuations.
Strategy at present holds roughly 640,031 Bitcoin, price over $74 billion, with unrealized positive factors of over $27 billion, dealing with potential federal tax liabilities estimated within the billions beginning in 2026 underneath the Biden-era Inflation Reduction Act provision.

The Corporate Alternative Minimum Tax applies to firms incomes over $1 billion yearly, based mostly on adjusted monetary assertion earnings, which incorporates truthful worth measurements of property, reminiscent of Bitcoin, even when unsold.
The exemption follows sustained pushback from Strategy and Coinbase, which despatched a joint letter to Treasury in May urging exclusion of unrealized crypto positive factors.
The firms argued that taxing paper income creates unfair therapy in contrast to conventional shares and bonds, might drive asset gross sales simply to pay taxes, disadvantages U.S. corporations versus international opponents not topic to comparable accounting guidelines, and raises constitutional considerations over taxing earnings that doesn’t exist.
Senate Hearing and Notice 2025-49 Formalize Regulatory Relief
The Treasury issued Notice 2025-49 on September 29, offering interim steering on CAMT utility and saying its intent to challenge revised proposed laws incorporating new guidelines.
The discover introduces an “FVI Exclusion Option,” permitting firms to disregard truthful worth measurement changes for objects reminiscent of digital property which are marked-to-market for monetary statements however not for normal tax functions.
The steering additionally gives a “Hedge Coordination Option” for sure hedging transactions the place each the hedge and hedged merchandise are marked-to-market for tax however not for monetary assertion functions.
These changes handle distortions from together with unrealized positive factors and losses in adjusted monetary assertion earnings calculations.
The Senate Finance Committee is expected to convene a hearing titled “Examining the Taxation of Digital Assets” on October 1, that includes Coinbase Vice President of Tax Lawrence Zlatkin alongside Coin Center coverage director Jason Somensatto and tax consultants.
The session examined how present tax guidelines for securities and commodities ought to apply to digital property.
Senators Cynthia Lummis and Bernie Moreno had beforehand urged Treasury Secretary Scott Bessent to handle what they referred to as an “unintended tax burden” on digital asset firms.
The lawmakers argued that CAMT might hurt U.S. competitiveness by forcing American corporations to promote tokens to cowl tax liabilities whereas international rivals face no such constraint.
The challenge stems from Financial Accounting Standards Board guidelines adopted after CAMT enactment that require firms to use truthful worth accounting for sure crypto property.
Since CAMT calculates tax legal responsibility based mostly on firms’ monetary assertion earnings, the mix creates present taxation on unrealized appreciation even when no earnings exists underneath normal tax guidelines.
Constitutional Concerns and Industry Coordination Drive Policy Shift
Strategy and Coinbase raised substantial constitutional considerations of their May 30 submission to the Internal Revenue Service, arguing that taxing unrealized positive factors by CAMT conflicts with the Sixteenth Amendment’s earnings tax framework.
The firms famous further points underneath the personal non-delegation doctrine, because the tax outcomes from selections made by FASB, a non-public group centered on accounting requirements somewhat than tax ideas.
The exemption maintains tax parity between home and international firms, as worldwide monetary reporting requirements don’t require mark-to-market accounting for crypto property.
This addresses the aggressive disadvantages confronted by U.S.-based firms topic to Generally Accepted Accounting Principles.
Treasury’s revised applicability guidelines permit taxpayers to rely on any single part of proposed CAMT laws with out adopting all provisions, or to observe interim steering in current notices with out following any proposed guidelines.
No part of proposed or forthcoming laws will apply to any taxable 12 months starting earlier than corresponding last laws are printed within the Federal Register.
The exemption aligns with Executive Order 14178 on “Strengthening American Leadership in Digital Financial Technology,” which goals to promote U.S. management in digital property whereas defending financial liberty.
The steering additionally helps Executive Order 14219‘s directive to determine laws that hurt nationwide pursuits by impeding technological innovation.
Currently, firms like Strategy face January 2026 because the preliminary deadline for potential CAMT liabilities if exemptions will not be granted.
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