US
United States
North America
Last verified: 2026-02-18
REGULATORY FRAMEWORK
Multi-regulator framework (SEC, CFTC, FinCEN, state-level)
Required
Money Transmitter licenses required at state level. BitLicense in New York. Qualified custodian requirements for institutional custody.
Spot Bitcoin ETFs approved January 2024. CFTC classifies BTC as commodity. SEC focuses on securities regulation of crypto products.
BITCOIN USE-CASE STATUS
17 use cases
- Permitted9
- Restricted6
- Unclear2
| Use Case | Status | Details |
|---|---|---|
| BTC Ownership | Permitted | Bitcoin ownership is legal in the United States. No federal prohibition on holding BTC. |
| Spot Trading | Restricted | Spot Bitcoin trading permitted on licensed exchanges. Exchanges must register as MSB with FinCEN and obtain state Money Transmitter Licenses. CFTC classifies BTC as a commodity. |
| Retail Custody | Restricted | Institutional and retail custody permitted. Self-custody is unregulated. Institutional custodians require national bank charters (OCC) or state trust charters. SEC qualified custodian rules apply for investment advisers. |
| Payments | Permitted | Bitcoin can be used for payments but is not legal tender. Treated as property for tax purposes (IRS Notice 2014-21). Each transaction triggers capital gains/losses. |
| Mining | Permitted | Bitcoin mining is legal at federal level. State regulations vary regarding energy use and environmental compliance. Miners may have Form 8300 reporting requirements for transactions >$10,000. |
| Spot ETF | Permitted | SEC approved 10 spot Bitcoin ETFs on January 11, 2024. Major providers include BlackRock (IBIT), Fidelity, Grayscale, and Franklin Templeton. ETFs trade on major exchanges (NYSE, NASDAQ). |
| Futures ETF | Permitted | Futures-based Bitcoin ETFs available since October 2021 (ProShares BITO). Less popular than spot ETFs due to roll costs and tracking error. |
| Wrapped BTC | Restricted | Wrapped Bitcoin products (WBTC, cbBTC, tBTC) permitted under existing frameworks. Regulated as digital assets under state and federal law. Custodians must comply with banking and money transmission regulations. |
| BRC-20 Tokens | Unclear | BRC-20 tokens not specifically addressed by SEC or CFTC. May trigger securities analysis under Howey test depending on issuance and marketing. No specific regulatory guidance issued. |
| Rune Tokens | Unclear | Runes protocol tokens not specifically addressed by US regulators. Similar regulatory uncertainty as BRC-20 tokens. |
| Ordinals / NFTs | Permitted | Bitcoin Ordinals treated as digital collectibles/NFTs. SEC has not classified Ordinals as securities, though case-by-case analysis may apply. |
| Lightning Network | Permitted | Lightning Network is permitted as Bitcoin Layer 2. LN node operators generally not regulated as money transmitters unless professionally processing payments for others. |
| DeFi Integration | Restricted | Bitcoin DeFi integration permitted but subject to existing securities, commodities, and money transmission laws. No specific DeFi framework exists. |
| Inst. Custody | Restricted | Institutional custody permitted through qualified custodians. OCC permits national banks to custody crypto. State trust charters available (NY, SD, etc.). |
| Retail Custody | Permitted | Retail custody permitted. Self-custody using hardware/software wallets is unregulated. Exchange custody regulated under state MTLs and FinCEN. |
| Exchange Listing | Restricted | Bitcoin spot trading permitted on licensed exchanges. Exchanges must obtain MSB registration and state MTLs. NY requires BitLicense for crypto activities. |
| Corp. Treasury | Permitted | Corporate treasury holding of Bitcoin is permitted. Treated as intangible asset for accounting purposes (FASB ASU 2023-08). Subject to fair value measurement. |
TRACKED ASSETS IN US
Primary Regulator
Securities and Exchange Commission (SEC)
Secondary
Commodity Futures Trading Commission (CFTC) · Financial Crimes Enforcement Network (FinCEN) · Office of the Comptroller of the Currency (OCC) · State regulators (NYDFS, etc.)
Data Provenance
Per Securities and Exchange Commission (SEC) · 2026-02-18T00:00:00Z
Not Legal Advice
Regulatory status is for educational purposes only. Verify with official sources before making decisions.