The US Treasury and IRS have introduced Revenue Procedure 2025-31, providing crypto ETFs and trusts with a clear pathway to stake digital assets and share rewards with investors.
This safe harbor resolves long-standing tax and legal issues that prevented institutional funds from joining proof-of-stake (PoS) networks.
This development represents a major milestone for institutional crypto adoption. It aligns staking procedures with SEC compliance, offering the traditional finance sector a secure and compliant way to earn yield from cryptocurrencies.
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US Treasury and IRS Open Safe Harbor for Crypto Staking in ETFs
The US Treasury and IRS have officially recognized staking as a tax-compliant activity for regulated investment products, marking a pivotal moment for crypto adoption.
Under Revenue Procedure 2025-31, ETFs (exchange-traded funds) and trusts can now stake digital assets and distribute rewards directly to investors. It marks an unprecedented move that legitimizes staking within the traditional financial system.
Treasury Secretary Scott Bessent revealed that the guidance “boosts innovation and keeps America the global leader in digital asset and blockchain technology.”
Safe Harbor Framework Enables Institutional Staking
The new rule introduces a safe harbor for regulated crypto funds, defining how they can stake assets while remaining compliant with tax and securities laws.
According to Consensys lawyer Bill Hughes, trusts may stake on permissionless proof-of-stake (PoS) networks if they:
- Hold only one digital asset type and cash.
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- Use a qualified custodian for key management and staking execution.
- Maintain SEC-approved liquidity policies, ensuring redemptions with staked assets.
- Keep independent, arm’s-length agreements with staking providers, and,
- Restrict activities to holding, staking, and redeeming assets, meaning no discretionary trading.
This structure goes beyond safeguarding investors, removing the long-standing legal and tax uncertainty that deterred fund sponsors from integrating staking yield.
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Analysts Call It a “Game Changer” for Crypto ETFs
ETF analyst Eric Balchunas highlighted the development, recognizing Bessent’s post as the first time the Treasury Secretary tweeted about ETFs.
Market analysts view the decision as a turning point for Ethereum, Solana, and other PoS networks. BMNR Bullz, a popular account on X (Twitter), described it as a big win for Ethereum and crypto ETFs, predicting it could unlock significant institutional capital.
Ethereum’s staking yields have averaged around 2.98% over the past six months, according to Grayscale research, while Solana typically offers between 4% and 8% annually. These rates could soon be incorporated into ETF products.
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Staking Reward Rates Across Ethereum and Solana. Source: Grayscale ResearchIndustry surveys echo the demand for such clarity. EY’s 2025 Institutional Investor Digital Assets Survey identified regulatory ambiguity as the top barrier to adoption.
Amundi Research similarly found that legal certainty and strong custody frameworks are key to mainstream acceptance.
The new tax-recognized framework paves the way for staking-enabled ETFs and trusts to become standard offerings.
Products like REXShares’ Ethereum Staking ETF, launched in September 2025, have already demonstrated strong investor appetite.
For both retail and institutional players, the development transforms staking from a niche crypto activity into a compliant, yield-generating financial strategy.
With the US now providing the clearest legal path yet, more capital is likely to flow into PoS ecosystems. This could strengthen network security, decentralization, and investor confidence in the next phase of crypto integration.
Source: https://beincrypto.com/irs-treasury-crypto-etf-staking-safe-harbor/
