How new SEC and IRS guidance expedites crypto ETF approval and enables ETF staking

Crypto investors may begin to engage with digital assets in new ways as a result of two, distinct but related transformations: updates from the U.S. Securities and Exchange Commission (SEC) regarding the approval of crypto exchange-traded funds (ETFs), as well as the legalization of crypto staking for exchange-traded products (ETPs) trusts.

The most recent U.S. government shutdown, the longest in the country’s history, led to the postponement of over 900 ETF applications, creating major bottlenecks with significant consequences. A significant aftermath is that reduced ETF activity led to less capital flowing into crypto markets, which can increase volatility and reduce trading efficiency. But the latest revisions are set to make the crypto ETF launch and access more accessible, a remarkable step in the country’s efforts to maintain American leadership in digital finance. Changes like these can naturally influence investors’ behavior, which you can see reflected in market sentiment indicators like the fear and greed index that tracks fluctuations between caution and optimism in the crypto markets so you can better know the overall outlook. If you want to break into crypto, gauges like this are go-to sources of insight.

Until then, let’s explore the potential implications of these recent developments for the broader crypto landscape.

Starting with staking ETFs

First things first, staking means locking up cryptocurrency assets in a system for longer periods to help secure and validate network transactions, much like depositing money in a bank for interest. The difference is that the staked coins generate staking rewards (usually in the same, staked crypto) that can be higher compared to your general traditional bank interest. However, returns fluctuate depending on network conditions. Depending on blockchain, you can have an “unbonding” time requirement before you can access your cryptos.

Now, investors can only stake their money to increase crypto-based profits through crypto exchanges that offer this option. You’d register, buy, and deposit the crypto in the “Staking” section, in exchange for a fee (that reduced returns). Or you could use a decentralized staking pool, receiving returns directly proportional to your contribution. But now, with the new guidance allowing ETFs to stake digital assets, you can participate in staking without managing wallets, private keys, or individual validator nodes. You can gain exposure to staking rewards indirectly through regulated, professionally managed ETFs, without paying the fees taxed by exchanges and decentralized pools that eat into returns.

This new staking approach makes staking a bit more profitable, combining staking with the convenience of ETF investing and making market participation easier for more retail and institutional investors.

The new guidance, in short

The Internal Revenue Service (IRS), the civil service that manages and imposes fed tax laws, put out a new revenue procedure that offers a “safe harbor” that permits ETFs to stake digital assets while preserving favorable tax treatment. This has staking rewards distributed straight to investors, without the need to convert the ETF into a different type of taxable vehicle, thus making it easier to engage with ETFs if you don’t want to deal with an exchange.

Treasury Secretary Scott Bessent spoke highly of this development, stating that it can deliver new benefits to investors, spur innovation, and secure the country’s leading position in blockchain and digital assets.

Faster ETF approvals with the latest SEC guidance

The Treasury and IRS guidance enable interested parties to participate in network staking without needing to deal with crypto exchanges, as it was previously the case. But the benefits don’t stop at staking – the other development that takes the spotlight is the newly offered guidance from the SEC that addresses the lengthy delays that have slowed the launch of new ETFs, and which is expected to accelerate the approval process for crypto ETFs further on. 

As already mentioned, the latest government shutdown postponed over 900 ETF applications and hindered market participation – something that won’t happen again.

A wide-ranging “Project Crypto” is unfolding  

The new guidance, however, is part of a broader “Project Crypto” designed to upgrade the regulatory framework governing crypto asset custody and trading for individuals and intermediaries alike. The new regulations allow broker-dealers to offer a broader range of financial services through a single app. Issuers are no longer constrained to wait through the long, product-by-product approval process like before to launch ETFs. If issuers had to wait months for a response, now ETF filings automatically become effective 20 days after the proposal, assuming the filing is complete and doesn’t need changes.

Besides faster approvals, the SEC’s guidance explains risks, fees, custody arrangements, and tokenomics, helping investors understand exactly what they’re pouring their money into and keeping a high standard of transparency. Regarding the market, the move is expected to improve institutional involvement, liquidity, and the overall crypto market capital inflow.

A word of caution

The latest news emphasizes regulatory improvements, but that doesn’t mean that crypto is any less volatile, unpredictable, and risky. Stay informed, diversify your investments, and balance the pursuit of potential rewards with careful risk management, for any type of crypto-related investment comes with its share of vulnerabilities. 

The sum-up 

The SEC and IRC guidance combined represent a fundamental moment for crypto in the U.S. Investors can now leverage the yield-generating potential of staking without needing to use a crypto exchange like they used to. This opens the door to a more inclusive, accessible, and regulating approach to staking – one that combines the potential rewards offered by this investment model with compliance standards maximizing security. 

The SEC’s accelerated approval framework tackles the problem of bottlenecks that hindered ETF launches. The new, standardized listing rules for crypto ETF issuance means that issuers can bring new products to the market faster, thus eliminating the delays that have to date hindered both liquidity (a crucial aspect to consider before investing) and institutional participation. 

Changes like these reflect a broader effort by the national authorities to maintain the country’s dominance in the digital asset and blockchain space and enable access to more reward-making possibilities for investors.


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