crypto-policy-map
← Back to the map

Is crypto legal in United States of America?

Cryptocurrency is legal in United States of America, but subject to regulatory restrictions.

Northern America · US · 9 of 9 dimensions sourced

Every value below cites the primary government, central bank, financial regulator, or tax authority. How this is sourced →

United States of America crypto policy at a glance

CBDC status
Pilot

Stage of the central bank digital currency programme — research, pilot, or launched.

cbdctracker.org ↗ · as of 2020 · confidence: high
Legal status
Legal, with restrictions

Whether crypto is legal, restricted, or banned for individuals and businesses.

“A digital asset is stored electronically and can be bought, sold, owned, transferred or traded.”
IRS, U.S. Treasury ↗ · as of 2024 · confidence: high
VASP licensing
Registration only

Whether the jurisdiction licenses crypto/VASP service providers.

“An administrator or exchanger that (1) accepts and transmits a convertible virtual currency or (2) buys or sells convertible virtual currency for any reason is a money transmitter under FinCEN’s regulations, unless a limitation to or exemption from the definition applies to the person. Money transmitters are a category of money services business (MSB). MSBs must register with FinCEN.”
Stablecoin rules
In force

Rules governing stablecoin and e-money-token issuance.

“The GENIUS Act was enacted on July 18, 2025. It establishes a regulatory framework for payment stablecoin activities ... and sets forth various regulatory and licensing requirements for permitted payment stablecoin issuers.”
Tax treatment
Capital gains

How crypto gains are taxed and reported, including OECD CARF participation.

“Digital assets are treated as property, and the general tax principles applicable to all property transactions also apply to transactions involving digital assets.”
Internal Revenue Service (IRS) ↗ · as of 2025 · confidence: high
DeFi treatment
Addressed

How decentralized finance (DeFi) is treated by regulators.

“This assessment focuses on risks associated with what is commonly referred to as decentralized finance (DeFi) services, which are virtual asset protocols and services that purport to allow for some form of automated peer-to-peer transactions, often through self-executing code known as smart contracts.”
U.S. Department of the Treasury ↗ · as of 2023-04-06 · confidence: high
NFT classification
Addressed

Whether NFTs are addressed in regulation.

“This notice announces that the Treasury Department and the IRS intend to issue guidance addressing the treatment of certain non-fungible tokens (NFTs) as collectibles under § 408(m) of the Internal Revenue Code.”
Internal Revenue Service (IRS) ↗ · as of 2023-03-21 · confidence: high
Mining policy
Restricted

Policy toward crypto mining — permitted, restricted, or banned.

“There shall be a moratorium on air permit issuance and renewal for electric generating facilities that utilize a carbon-based fuel and that provide, in whole or in part, behind-the-meter electric energy consumed or utilized by a cryptocurrency mining operation that uses proof-of-work authentication methods. Such moratorium shall be in effect for two years.”
Enforcement intensity
High

Intensity of regulatory enforcement actions against crypto firms.

“This page lists SEC enforcement actions involving crypto assets and cyber issues, including cases against crypto asset trading platforms, token issuers, and other market participants.”
U.S. Securities and Exchange Commission (SEC) ↗ · as of 2026-05-30 · confidence: high

Explore United States of America and compare it with other countries on the interactive crypto policy map →

Related

More in Northern America