,i #aafth ,,congress #ast ,session ,h4 ,r4 #cfej ,,in ,,the ,,house ,,of ,,representatives ,july #i1 #bjai,mr4 ,emmer introduced the following bill2 which was referred to the ,committee on ,ways and ,means ,a ,,bill ,to provide temporary safe harbor for the tax treatment of hard forks of convertible virtual currency in the absence of administrative guidance4 #a4 ,short title ,this ,act may be cited as the ,safe ,harbor for ,taxpayers with ,forked ,assets ,act of #bjai4 #b4 ,safe harbor period for penalties relating to tax treatment of hard-forked virtual currency 7a7 ,in general ,in the case of a taxpayer who during the applicable period receives forked convertible virtual currency-- 7#a7 no penalties or additions to tax under part ,,ii of subchapter ,a of chapter #fh of the ,internal ,revenue ,code of #aihf shall apply with respect to any portion of an underpayment or understatement of tax that is attributable to the taxpayer's attempt during such period to comply with the tax treatment under such ,code of the receipt of such virtual currency 7or any disposition of such currency during such period72 and 7#b7 no penalties or additions to tax under sections #ffea1 #ffed1 #ffee1 #ffef1 #ffih1 and #ffii shall apply for any failure during the applicable period to file a return or report or make a payment of tax to the extent such failure is attributable to filing or payment requirements relating to the receipt of such virtual currency 7or any disposition of such currency during such period74 7b7 ,definitions and special rules ,for purposes of this section-- 7#a7 ,applicable period ,the term applicable period means any period beginning before the date of the enactment of this ,act and ending on the date the ,secretary issues regulations or guidance1 or legislation is enacted1 that prescribes each of the following3 7,a7 ,the tax treatment of receiving forked convertible virtual currency4 7,b7 ,rules for calculating and allocating the basis of forked convertible virtual currency4 7,c7 ,rules for calculating the fair market value of forked convertible virtual currency at any given time4 7,d7 ,rules for determining the holding period of forked convertible virtual currency4 7#b7 ,forked convertible virtual currency 7,a7 ,in general ,the term forked convertible virtual currency means1 with respect to any taxpayer1 any convertible virtual currency to which the taxpayer becomes entitled by reason of a hard fork4 7,b7 ,convertible virtual currency ,the term convertible virtual currency means any digital representation of value that-- 7i7 functions as a medium of exchange1 a unit of account1 or a store of value2 7ii7 does not have legal tender status2 and 7iii7 has an ascertainable equivalent value in legal tender or is used as a substitute for legal tender4 7,c7 ,hard fork ,the term hard fork means1 with respect to any convertible virtual currency1 any material change in the shared digital ledger which is used to verify by consensus transactions in such currency if such change results in the maintenance of independent shared digital ledgers with respect to such currency4 7#c7 ,constructive receipt ,receiving forked virtual currency shall include any right to receive 7or other constructive of7 such virtual currency4