Virginia Proposes Regulatory Framework for Digital Asset Mining and Transactions

The Virginia State Senate has introduced a significant piece of legislation, Senate Bill No. 339, aimed at regulating digital asset mining and transactions. Proposed by Senator Saddam Azlan Salim on January 10, 2024, this bill seeks to amend existing sections and add new ones to the Code of Virginia, specifically addressing areas like digital asset mining, the use and transfer of digital assets, securities exemption, and tax exemption​​.

A key aspect of the bill is its provision regarding digital asset mining. According to the bill, no person shall be required to obtain a license for engaging in digital asset mining or related business activities as defined in Section 15.2-2288.9 of the Code​​. This section clarifies the legality of home digital asset mining, provided it complies with local noise ordinances. It also states that local industrial zones cannot prohibit digital asset mining activities, provided these comply with applicable general industrial noise ordinances​​.

In terms of tax treatment, the bill proposes a significant change. For taxable years beginning on or after January 1, 2024, individuals can subtract up to $200 per transaction of any net capital gain from exchanges made using digital assets to purchase goods or services. This amount is subject to annual adjustment based on changes in the United States Average Consumer Price Index​​.

The introduction of Senate Bill No. 339 represents a forward-thinking approach to the regulation of digital assets. By exempting individuals and businesses from money transmitter licenses and safeguarding miners from discrimination in industrial zones, the bill acknowledges the growing relevance of digital assets in today’s economy. Moreover, the tax treatment adjustments reflect an attempt to adapt traditional financial regulations to the evolving landscape of digital transactions.