US


United States

Permissive

North America

Last verified: 2026-02-18

01

REGULATORY FRAMEWORK

Framework

Multi-regulator framework (SEC, CFTC, FinCEN, state-level)

Licensing

Required

Notes

Money Transmitter licenses required at state level. BitLicense in New York. Qualified custodian requirements for institutional custody.

Details

Spot Bitcoin ETFs approved January 2024. CFTC classifies BTC as commodity. SEC focuses on securities regulation of crypto products.

02

BITCOIN USE-CASE STATUS

17 use cases

  • Permitted9
  • Restricted6
  • Unclear2
Use CaseStatusDetails
BTC OwnershipPermitted

Bitcoin ownership is legal in the United States. No federal prohibition on holding BTC.

Spot TradingRestricted

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 CustodyRestricted

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.

PaymentsPermitted

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.

MiningPermitted

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 ETFPermitted

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 ETFPermitted

Futures-based Bitcoin ETFs available since October 2021 (ProShares BITO). Less popular than spot ETFs due to roll costs and tracking error.

Wrapped BTCRestricted

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 TokensUnclear

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 TokensUnclear

Runes protocol tokens not specifically addressed by US regulators. Similar regulatory uncertainty as BRC-20 tokens.

Ordinals / NFTsPermitted

Bitcoin Ordinals treated as digital collectibles/NFTs. SEC has not classified Ordinals as securities, though case-by-case analysis may apply.

Lightning NetworkPermitted

Lightning Network is permitted as Bitcoin Layer 2. LN node operators generally not regulated as money transmitters unless professionally processing payments for others.

DeFi IntegrationRestricted

Bitcoin DeFi integration permitted but subject to existing securities, commodities, and money transmission laws. No specific DeFi framework exists.

Inst. CustodyRestricted

Institutional custody permitted through qualified custodians. OCC permits national banks to custody crypto. State trust charters available (NY, SD, etc.).

Retail CustodyPermitted

Retail custody permitted. Self-custody using hardware/software wallets is unregulated. Exchange custody regulated under state MTLs and FinCEN.

Exchange ListingRestricted

Bitcoin spot trading permitted on licensed exchanges. Exchanges must obtain MSB registration and state MTLs. NY requires BitLicense for crypto activities.

Corp. TreasuryPermitted

Corporate treasury holding of Bitcoin is permitted. Treated as intangible asset for accounting purposes (FASB ASU 2023-08). Subject to fair value measurement.

03

TRACKED ASSETS IN US

AssetUS
BTC
ORDI
?
SATS
?
Legend:
Permitted
~Restricted
Prohibited
?Unclear/Pending
No data

Primary Regulator

Securities and Exchange Commission (SEC)

Official Website

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

High(2 sources)

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.