ARTICLE
18 November 2025

IRS Reverses Course On DeFi Broker Rule: Impact On U.S. Crypto Investors And DeFi Platforms

RS
Rotfleisch & Samulovitch P.C.

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Rotfleisch Samulovitch PC is one of Canada's premier boutique tax law firms. Its website, taxpage.com, has a large database of original Canadian tax articles. Founding tax lawyer David J Rotfleisch, JD, CA, CPA, frequently appears in print, radio and television. Their tax lawyers deal with CRA auditors and collectors on a daily basis and carry out tax planning as well.
The U.S. cryptocurrency sector continues to evolve as regulators clarify crypto tax obligations.
United States Tax
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Overview

The U.S. cryptocurrency sector continues to evolve as regulators clarify crypto tax obligations. In April 2025, Congress overturned the IRS's proposed expansion of the "broker" definition under the Infrastructure Investment and Jobs Act, which would have applied to decentralized finance (DeFi) platforms. This legislative change has significant implications for DeFi platforms, individual investors, and U.S. taxpayers involved in digital assets.

This article outlines the repeal, its implications, and practical guidance for compliance with IRS crypto tax rules in 2025.

Background: IRS Proposed DeFi Broker Rule

In 2024, the IRS proposed classifying DeFi platforms—networks enabling peer-to-peer crypto transactions without intermediaries—as brokers. This would have required platforms to:

  • Collect and verify user information
  • Track all transactions, including swaps and liquidity pool activities
  • Report each taxable event to the IRS

Due to the decentralized and pseudonymous nature of DeFi, the proposal was considered technically impractical and overly burdensome.

Repeal by Congress and Legislative Action

Using the Congressional Review Act, Congress nullified the IRS's expanded broker rule in April 2025. Key outcomes include:

  • Recognition of DeFi's Unique Structure: Lawmakers acknowledged that traditional broker rules do not fit decentralized networks.
  • Innovation-Friendly Legislation: The repeal balances innovation with taxpayer accountability.
  • Ongoing IRS Authority: Taxpayers remain responsible for reporting gains, and the IRS may issue future guidance.

Implications for Stakeholders

For DeFi Platforms:

  • Reduced compliance and reporting obligations
  • Operational flexibility without extensive tracking systems
  • Lower regulatory risk regarding broker classification

For U.S. Crypto Investors:

  • Individuals must still report income and gains from DeFi transactions, including:
    • Yield farming rewards
    • Staking income
    • Token swaps on decentralized exchanges

For Tax Professionals and Advisors:

  • Advise clients on recordkeeping and reporting
  • Cross-border DeFi holdings may trigger FATCA and FBAR obligations

For Regulators:

  • The repeal does not prevent new IRS guidance or future legislation

Practical Tax Tips for Compliance

  • Maintain detailed records of all DeFi transactions (wallet addresses, transaction hashes, USD values)
  • Use portfolio tracking software for cost basis calculations
  • Report small transactions voluntarily to reduce IRS audit risk
  • Seek guidance from a knowledgeable US tax lawyer for complex or cross-border scenarios and other foreign income tax obligations
  • Understand the tax treatment of staking rewards, airdrops, and liquidity provision income

Frequently Asked Questions (FAQ)

Are DeFi transactions tax-free after the repeal?

No. Taxpayers must still report all income and capital gains.

Are centralized exchanges affected?

No. Centralized exchanges continue to have reporting obligations.

What about cross-border DeFi holdings?

U.S. taxpayers with foreign crypto holdings must comply with FATCA and FBAR.

Could the IRS issue new rules in the future?

Yes. The repeal does not prevent future regulatory guidance.

The Bottom Line

The repeal of the IRS DeFi broker rule acknowledges the unique nature of decentralized finance while maintaining taxpayer accountability. DeFi platforms gain regulatory relief, but U.S. investors must remain diligent in reporting income and gains. Engaging an experienced US tax lawyer ensures compliance and reduces audit risk.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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