Strategy’s Executive Chairman Michael Saylor claims that new IRS guidelines put Strategy in the clear when it comes to unrealized Bitcoin gains.
- IRS won’t tax unrealized Bitcoin gains, says Michael Saylor
- Treasury overturned Biden-era guidance that would have affected Strategy
- Guidance intended to tax megacorporations that paid no taxes
A new rule by the IRS comes as a significant boon to Bitcoin treasury firms. On Wednesday, October 1, Strategy Executive Chairman and former CEO Michael Saylor stated that the firm won’t have to pay taxes on its billions in unrealized Bitcoin gains.
Saylor was referencing Notice 2025-49, dated Sept. 30, the guidance by the IRS and the Treasury Department clarifying their view on a Biden-era law. This law introduced a new tax that targeted major corporations, which could also have applied to crypto treasury firms.
Namely, in 2022, under Biden’s Inflation Reduction Act, the U.S. created the Corporate Alternative Minimum Tax. This tax targeted huge corporations, including Amazon, Apple, oil companies, and others, that paid zero taxes through various loopholes. Notably, these companies reinvest their earnings in investments, in an effort to keep their profits and taxes near zero.
Strategy could have faced a 15% tax on Bitcoin
The rule stated that if a company had more than $1 billion in profits in its financial statements, it would have to pay at least 15% on that sum. Critically, this applies both to realized and unrealized profits, which are typically not subject to taxation.
The treasury’s move is important for digital asset treasury firms, which derive their unrealized profits from crypto appreciation and not from selling goods and services. A 15% tax would significantly slow down their ability to accumulate Bitcoin (BTC) and other digital assets.
Strategy has earned hundreds of billions of dollars in Bitcoin through appreciation. In the second quarter of 2025 alone, the firm reported $14.05 billion in unrealized gains.
