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The U.S. Treasury and Internal Revenue Service (IRS) have issued groundbreaking guidance enabling cryptocurrency exchange-traded products (ETPs) to stake digital assets like
and without triggering tax or regulatory complications, marking a pivotal step toward mainstream adoption of proof-of-stake (PoS) blockchains. The safe harbor framework, announced November 10, 2025, provides clarity for institutional investors and fund sponsors, allowing ETPs to generate staking rewards for retail investors while adhering to federal compliance standards .Under the guidance, eligible ETPs must hold only one type of digital asset from a permissionless PoS network, operate on a national securities exchange, and engage qualified custodians and independent staking providers. These trusts must also avoid discretionary trading and maintain liquidity protocols to ensure redemptions remain possible even when assets are staked
. Treasury Secretary Scott Bessent emphasized the move would "increase investor benefits, boost innovation, and keep America the global leader in digital asset technology" .The development addresses long-standing regulatory ambiguities that had deterred traditional finance (TradFi) institutions from integrating staking into their offerings. Staking—where investors lock tokens to validate blockchain transactions in exchange for rewards—has typically yielded annual returns between 1.8% and 7%, depending on the network.

Industry leaders hailed the guidance as transformative. Bill Hughes, head of global regulation at Consensys, noted it "removes a major legal barrier" for fund sponsors and custodians, enabling them to offer staking yields without fear of regulatory pushback
. The move also aligns with the Securities and Exchange Commission's (SEC) recent approval of generic listing standards for crypto ETPs, creating a cohesive regulatory environment for these products .From a tax perspective, staking rewards will be treated as taxable income for the trust at the time of receipt, with investors receiving pass-through benefits based on their ownership stakes. This mirrors existing IRS rules for cryptocurrency taxation, which classify digital assets as property subject to capital gains and ordinary income rules
. Retail investors now gain access to yield-generating opportunities without directly managing blockchain protocols, a shift analysts predict will accelerate adoption of PoS assets.The timing of the guidance, released amid discussions to end a 40-day government shutdown, underscores the administration's prioritization of crypto policy. While the shutdown furloughed staff at agencies like the IRS and SEC, the Treasury's proactive release highlights its commitment to fostering innovation in digital assets
.With the regulatory hurdles cleared, experts anticipate a surge in staking-enabled ETPs, including products like REXShares' Ethereum Staking ETF, launched in September 2025. Such offerings could further solidify the U.S.'s role as a global leader in crypto innovation, attracting both retail and institutional capital to PoS ecosystems
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