Two members of the United States House of Representatives have added their names to a list of lawmakers criticizing Securities and Exchange Commission (SEC) Chair Gary Gensler’s approach to digital asset regulation.
In a letter to Gensler dated July 19, Reps. French Hill and Dusty Johnson suggested legislation was a more effective approach to addressing regulatory issues in the digital asset space rather than the SEC’s position to “regulate by enforcement.” The two lawmakers are the respective chairs of subcommittees in the House Financial Services Committee and House Agriculture Committee that examine digital assets.
“Legislation would do far more to prevent future collapses of digital asset firms than enforcement actions,” said the letter. “A statutory framework would establish a process for firms to come into the regulatory parameter and comply with consumer protections, rather than relying on enforcement actions to punish a bad actor after the damage has already been done.”
The SEC cannot continue to regulate by enforcement. The lawsuits filed against digital asset firms are not protecting the public and are stifling innovation and growth.
— Rep. Dusty Johnson (@RepDustyJohnson) July 19, 2023
Hill and Johnson hinted at certain actions by the SEC “seemingly timed to coincide with related Congressional activity, which appears calculated for maximum publicity and political impact.” Other members of Congress have questioned Gensler on the timing of the SEC’s charges against former FTX CEO Sam Bankman-Fried, given he had been scheduled to testify before the House Financial Services Committee in December 2022.
The two lawmakers also referenced a recent summary judgment affecting crypto regulation, likely referring to an SEC v. Ripple ruling suggesting XRP (XRP) was not necessarily a security. In the wake of the court decision, other House representatives have called on Gensler to reconsider the commission’s current approach to regulating crypto. The SEC chair said he was “disappointed” in the ruling due to its impact on retail investors and the commission would be assessing the situation.
Lawmakers in the House Financial Services Committee are considering a draft market structure bill aimed at clarifying the roles the SEC and Commodity Futures Trading Commission would play in regulating crypto. The bill has yet to be officially introduced and may be amended based on feedback from lawmakers and industry leaders.
Ukraine’s financial regulator has proposed taxing certain crypto transactions as personal income at a rate of up to 23% but excluding crypto-to-crypto transactions and stablecoins.
Crypto transactions would be taxed at 18% with a 5% military levy on top as part of the proposed framework, released on April 8 by Ukraine’s National Securities and Stock Market Commission.
NSSMC Chairman Ruslan Magomedov said in an April 8 statement that “the issue of crypto taxes is not a hypothesis, but a reality that is fast approaching.”
He added that the agency created the framework to help lawmakers make an “informed resolution” by considering each suggestion’s advantages and disadvantages because “these aspects can have a critical impact on the market and tax liability.”
Crypto-to-crypto transactions wouldn’t be taxed, bringing Ukraine in line with other European countries, including Austria and France, as well as crypto-friendly jurisdictions like Singapore, the NSSMC said.
The regulator says it “makes sense” to exclude stablecoins backed by foreign currencies or only apply a 5% or 9% tax because Ukraine’s tax code already excludes income from transactions in “foreign exchange values.”
A translated excerpt of the NSSMC’s report said stablecoins backed by foreign currencies could be exempt from taxation. Source: NSSMC
Mining, staking, hard forks and airdrops
Other crypto-related activities, such as mining, staking and airdrops, are also addressed in the framework which floated a few options for taxation.
The NSSMC said crypto mining is generally considered a business activity, but there might be a general tax-free limit for certain crypto transactions, including mining.
Under the framework, staking could be considered as “business captive income” or only taxed if the crypto is cashed out for fiat currencies. While hard forks and airdrops could be taxed either as ordinary income or when the tokens are cashed.
The regulator suggests a tax-free threshold could help “relieve the burden on small investors” and is common in other jurisdictions.
Exemptions for donations, transfers between family members, and holders who keep their crypto for a set amount of time are also flagged as possibilities. However, the NSSMC says the exemption might not apply to non-custodial crypto wallets.
Last December, Daniil Getmantsev, head of the tax committee of Ukraine’s parliament, said a draft bill to legalize cryptocurrencies was under review and expected to be finalized early this year.
Digital asset manager 21Shares has filed with the US Securities and Exchange Commission to launch a spot Dogecoin exchange-traded fund, following similar filings from rivals Bitwise and Grayscale.
The 21Shares Dogecoin ETF would seek to track the price of the memecoin Dogecoin (DOGE), according to the firm’s April 9 Form S-1 registration statement. The Dogecoin Foundation’s corporate arm, House of Doge, plans to assist 21Shares with marketing the fund.
21Shares said Coinbase Custody would be the proposed custodian of its Dogecoin ETF but did not specify a fee, ticker or what stock exchange it would list on.
21Shares must also file a 19b-4 filing with the SEC to kickstart the regulator’s approval process for the fund.
DOGE currently has a $24.2 billion market cap and is the eighth-largest cryptocurrency by value. It was created in 2013 as a joke and is a fork of Lucky Coin, which itself is a fork of Bitcoin.
21Shares’ proposed Dogecoin ETF is the company’s latest effort to expand its spot crypto ETF offerings, which currently includes only a spot Bitcoin (BTC) and Ether (ETH) fund.
The issuer also filed with the SEC in February to launch a spot Polkadot (DOT) ETF and last year, it filed to create a spot XRP (XRP) ETF.
The recent surge in crypto ETF filings reflects a “spaghetti cannon approach” from issuers testing which products the new SEC leadership might approve, Bloomberg ETF analyst James Seyffart said in February.
“Issuers will try to launch many many different things and see what sticks,” Seyffart said.
Seyffart and fellow Bloomberg ETF analyst Eric Balchunas said in February that there is a 75% chance that the SEC will approve a spot Dogecoin ETF this year, while the betting platform Polymarket currently gives approval odds of 64%.
21Shares and House of Doge partner for DOGE funds in Switzerland
The 21Shares Dogecoin product will trade under the ticker “DOGE” with a 2.5% fee.
21Shares president Duncan Moir said that Dogecoin “has become more than a cryptocurrency: it represents a cultural and financial movement that continues to drive mainstream adoption, and DOGE offers investors a regulated avenue to be part of this exciting project.”
Update April 10 at 1:41am UTC: This article has been updated to include more background on Paul Atkins before becoming SEC chair.
The US Senate has confirmed US President Donald Trump’s nominee, Paul Atkins, as chair of the Securities and Exchange Commission in a 51-45 vote largely along party lines.
Atkins’ confirmation on April 9 comes after Trump named the pro-crypto former Wall Street consultant to lead the agency late last year. Atkins also served as an SEC commissioner between 2002 and 2008, during the global financial crisis.
”A veteran of our Commission, we look forward to him joining with us, along with our dedicated staff, to fulfill our mission on behalf of the investing public,” the agency’s commissioners wrote in an April 9 statement.
Atkins founded financial consulting firm Patomak Global Partners in 2009, specializing in regulatory compliance and risk management, and served as co-chair of crypto advocacy group Token Alliance between 2017 and late 2024.
After he’s sworn in, Atkins will take over from Mark Uyeda, who has been the SEC’s acting chair since Jan. 20, after former chair Gary Gensler stepped down. Gensler’s tenure saw the SEC launch multiple lawsuits and investigations against crypto firms over alleged breaches of securities laws.
Senate Banking Committee Chairman Tim Scott expressed confidence that Atkins would continue the SEC’s crypto-friendly approach that it has taken under the Trump administration.
“Atkins will also provide regulatory clarity for digital assets, allowing American innovation to flourish, and ensuring we remain competitive on the global stage.”
Under Trump, the SEC created a Crypto Task Force to consult with the industry on regulation and dropped several crypto-related investigations and enforcement actions undertaken by the Gensler-led SEC.
Atkins is expected to take a different approach, telling a Senate confirmation hearing in March that a top priority of his at the SEC would be “to provide a firm regulatory foundation for digital assets through a rational, coherent, and principled approach.”
Atkins’ confirmation delayed by disclosures
Atkins’ confirmation was reportedly delayed due to several financial disclosures he needed to file as a result of marrying into a billionaire family.
He married Sarah Humphreys Atkins in 1990 — whose family is tied to TAMKO Building Products LLC, a manufacturer of residential roofing shingles that turned over $1.2 billion in revenue in 2023, Forbes reported in December. The couple have a reported combined net worth of at least $327 million.
Some of those financial disclosures revealed that Atkins owned up to $6 million worth of crypto-related investments, including crypto custody platform Anchorage Digital and blockchain tokenization platform Securitize, Fortune reported last month.