December 15, 2025
IRS Unveils Pathway for Staking in Digital currency ETFs Through Updated Guidance
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IRS Unveils Pathway for Staking in Digital currency ETFs Through Updated Guidance

Nov 11, 2025

The Internal Revenue Service has released fresh guidance that enables crypto exchange-traded products to engage in earning yield without jeopardizing their tax designations. This revision, referred to as Revenue Procedure 2025-31, grants specific trusts the permission to partake in locking tokens while preserving their federal income tax status. This action could transform how retail investors engage with staking rewards, notably through regulated products.

Understanding the New Framework

The IRS stipulates that a trust may stake digital assets as long as it only holds one asset type along with cash and employs a qualified custodian. These regulations pertain to permissionless proof-of-stake networks, implying that projects like Ethereum and Solana fall within this parameter..

IRS PDF on crypto staking
Source: IRS.gov

Treasury Secretary Scott Bessent mentioned that this arrangement provides a straightforward method for ETPs to stake digital assets and distribute those rewards to retail investors. The guidance also details how funds can address typical locking tokens issues such as slashing, liquidity, and related-party risks.

Implications for Funds and Investors

Previously, the concept of earning yield within a U.S.-regulated fund was quite unclear. Legal and tax concerns made it challenging to incorporate staking into crypto ETPs. This guidance alters that landscape, simplifying the process for asset managers to develop products that securely capture staking rewards.

Legal analysts assert that this initiative removes a significant obstacle that inhibited locking tokens from entering mainstream investment channels. Now, crypto ETFs may start to showcase the same type of yield that regular crypto token holders gain from locking tokens on-chain.

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Requirements for Funds

To leverage this enhancement, ETPs must meet several criteria. Staking must be permitted by the trust documents, the custodian has to meet the necessary qualification standards, and the product must ensure sufficient market fluidity to fulfill redemptions.

Market Cap





Some legal experts anticipate that funds already focusing on Ethereum and BTC may soon start revising their trust frameworks. They have a nine-month period to implement the required adjustments, allowing for staking to be integrated possibly by mid-2026 in some established ETFs.

Inherent Risks

While earning yield appears to provide passive income, it introduces its own array of risks. Validators may face penalties or slashing if they act detrimentally to the protocol. There are also times when assets become locked, which decreases their market fluidity at certain intervals. For ETPs, these factors must be managed with diligence. Fund managers will have to be transparent regarding how rewards are calculated, who is responsible for validation, and what fees are applicable throughout the process.

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Possible Initiatives

Now that the regulatory framework is more defined, a new surge of staking-enabled investment offerings could be on the horizon. Fund managers may start competing not only based on exposure to crypto pricing but also on their efficiency in delivering earning yield rewards.

For retail investors, this presents an opportunity to earn locking tokens yields without the need to establish wallets or operate validators independently.

Indication of Crypto Maturation

This IRS directive could represent a notable milestone in the integration of crypto within the broader financial landscape. Instead of relegating locking tokens rewards to individuals, it brings participation in the protocol into the realm of institutional-quality investment tools. Through this measure, regulators are indicating that staking can coexist within traditional finance, provided the stipulations are adhered to. Now, attention turns to how swiftly asset managers adjust and whether these earning yield ETPs can yield both return and trust.

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Key Takeaways

  • The IRS has sanctioned earning yield for selected crypto ETPs through Revenue Procedure 2025-31, permitting trusts to earn rewards without forfeiting tax status.
  • For approval, ETPs must involve only one digital currency plus cash, use a qualified custodian, and operate on permissionless proof-of-stake networks like ETH or Solana.
  • This initiative resolves legal ambiguity and could integrate staking rewards into mainstream crypto ETFs available to retail investors.
  • ETPs have a nine-month timeframe to adjust trust frameworks and custody arrangements, indicating that earning yield could be introduced into existing funds by mid-2026.
  • Investors still need to manage risks like slashing and available volume, but this news significantly progresses the inclusion of staking in traditional investment products.

The post IRS Opens Door to Locking tokens in Crypto ETFs With New Guidance appeared first on 99Bitcoins.

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