Overview
- Revenue Procedure 2025-31, issued Nov. 10, creates an immediate pathway for ETPs and trusts to stake without losing investment or grantor‑trust status.
- Qualifying products must hold one digital asset plus cash, use a qualified custodian, delegate staking to an unrelated provider, follow exchange liquidity and redemption protocols, and adopt safeguards such as indemnification against slashing.
- The safe harbor applies to permissionless proof‑of‑stake networks, explicitly encompassing assets like Ethereum and Solana, with rewards passed through to investors.
- Staking income is taxable to investors upon receipt or control of the rewards, with payouts required at least quarterly and limits on automatic compounding.
- Existing funds have a nine‑month window to amend trust and custody arrangements, so staking features could begin appearing in U.S. ETFs by mid‑2026.