The United States opens the door for ETF funds and trust funds in the cryptocurrency sector to earn staking yields

The Internal Revenue Service (IRS), the agency responsible for tax collection and part of the U.S. Department of the Treasury, has issued new guidelines for Exchange-Traded Products (ETPs) related to cryptocurrencies, including a new provision allowing trust funds to participate in staking and earn its yields within a legally secure framework.
Treasury Secretary Scott Bissent stated on X platform on Monday that the two agencies issued new guidance granting ETF products a “clear path for digital asset staking and sharing staking rewards with individual investors.”
According to the guidelines published on the IRS website, the government will permit crypto trust funds to participate in staking provided they are listed on a national securities exchange, hold only cash and a single type of digital asset units stored with a qualified custodian, and implement risk mitigation measures for investors.
Bill Hughes, Chief Legal Counsel at Consensys, posted on X that “the impact on staking adoption will be significant.”
He added, “This secure framework provides long-awaited regulatory and tax clarity for investment institutions such as ETFs and trust funds, enabling them to participate in staking while remaining compliant with laws. It also removes a major legal obstacle that previously prevented fund managers, custodians, and asset managers from integrating staking yields into their structured investment products.”
These guidelines follow a similar move by the U.S. Securities and Exchange Commission (SEC) in September, when it approved listing standards expected to pave the way for approval of cryptocurrency ETFs. The Treasury Department and IRS referenced this regulatory change in the SEC’s latest update.
New guidelines on the eve of a government shutdown?
After more than 40 days of a government shutdown, reports on Sunday indicated that several Democratic senators decided to support Republicans in voting on a temporary funding bill for the government until next January, paving the way to end the ongoing shutdown since October 1.
The Senate had not yet voted on the bill at the time of this report, and employees from several government agencies, including the SEC and IRS, were furloughed during the shutdown period.
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