Ethereum News Today: Safe Harbor for Staking: US Clears Path for 7% Yields in Crypto ETFs

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Monday, Nov 10, 2025 5:18 pm ET2min read
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- U.S. Treasury and IRS issued guidance enabling crypto ETFs/trusts to stake assets and distribute rewards, resolving regulatory uncertainties.

- The "safe harbor" framework requires single-asset PoS custody, liquidity protocols, and prohibits non-staking activities to avoid securities law violations.

- Staking rewards are now taxable income for trusts, boosting yields up to 7% and accelerating institutional adoption of Ethereum/Solana networks.

- Industry experts call it a "game changer," removing legal barriers for regulated products while positioning U.S. as blockchain innovation leader.

The U.S. Treasury Department and Internal Revenue Service (IRS) have issued groundbreaking guidance allowing cryptocurrency exchange-traded funds (ETFs) and trusts to stake digital assets and distribute rewards to investors, marking a pivotal shift in institutional crypto adoption

. The new rules, outlined in Revenue Procedure 2025-31, establish a "safe harbor" framework that resolves long-standing tax and regulatory uncertainties surrounding staking activities, particularly for proof-of-stake (PoS) networks like and . This development enables Wall Street products to offer yields of up to 7% annually, a feature previously restricted due to fears of SEC scrutiny over unregistered securities .

Under the guidance, crypto trusts must adhere to specific criteria to qualify for the safe harbor. These include holding only one type of digital asset from a permissionless PoS network, using a qualified custodian for key management, and maintaining liquidity protocols to ensure smooth redemptions

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Trusts are also prohibited from engaging in activities beyond staking, holding, and redeeming assets, effectively insulating them from securities law violations. Treasury Secretary Scott Bessent emphasized that the policy "boosts innovation and keeps America the global leader in digital asset and blockchain technology" .

The move addresses a critical gap in prior regulations, where the SEC's ambiguous stance on staking rewards—viewing them as potential profits from others' efforts—discouraged institutional participation

. For example, spot Ethereum ETFs approved last year excluded staking to avoid regulatory risks, but recent actions, such as Grayscale's launch of ETH staking services, signal a thawing of attitudes . The new rules provide clarity by treating staking rewards as taxable income for trusts, which are then distributed to investors in compliance with existing tax frameworks .

Industry experts have hailed the guidance as a "game changer." Bill Hughes, head of global regulation at Consensys, noted that the safe harbor "removes a major legal barrier" for fund sponsors and custodians, enabling them to integrate staking yields into regulated products

. This clarity is expected to accelerate mainstream adoption of PoS blockchains, with Ethereum's staking participation already exceeding 30 million ETH and Solana offering higher, albeit more volatile, yields . Analysts predict a surge in institutional capital flowing into crypto ETFs, as the U.S. positions itself as a regulatory innovator in the digital asset space .

The timing of the guidance is significant, coinciding with efforts to end the 40-day government shutdown that furloughed staff at the IRS and SEC

. While the Senate had yet to vote on a funding resolution at the time of publication, the Treasury's proactive release underscores the administration's commitment to advancing crypto policy despite fiscal challenges. Market observers suggest the move could influence global regulators grappling with similar staking dilemmas, further cementing the U.S.'s leadership in blockchain innovation .