(as defined in section 9801 of title 31, United States Code) and, with respect to a crypto asset, does not require a call option. (e) Income An amount equal to the income which would otherwise accrue to the lender but for a lending transaction under this section shall be included in the gross income of the lender. . (e) Rule of construction Nothing in this section, or any amendments made by this section, shall be construed to create any inference with respect to the classification of any crypto asset as a security under the Securities Act of 1933 ( 15 U.S.C. 77a et seq. ) or the Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq. ). (f) Rulemaking authority The Secretary of the Treasury (or the Secretary’s delegate) may adopt rules to implement the amendments made by this section, including the application of the amendments made by this section to forks, airdrops, and similar subsidiary value. (g) Effective date The amendments made by this section shall apply to sales and exchanges in taxable years beginning after the date of enactment of this Act. 805. Loss from wash sales of crypto assets (a) In general Section 1091 of the Internal Revenue Code of 1986 is amended to read as follows: 1091. Loss from wash sales of specified assets (a) Disallowance of loss deduction (1) In general No deduction shall be allowed with respect to any loss claimed to have been sustained from any sale or other disposition (including any termination) of specified assets where it appears that, within a period beginning 30 days before the date of such sale or other disposition and ending 30 days after such date, the taxpayer has— (A) acquired (by purchase, by an exchange on which the entire amount of gain or loss was recognized by law, or by entering into) substantially identical specified assets, or (B) entered into a contract or option to acquire, or long notional principal contract in respect of, substantially identical specified assets. (2) Exception for dealers Paragraph (1) shall not apply if— (A) the taxpayer is a dealer in