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United States

Developing Partly Confirmed Verified August 24, 2026

The US uses a multi-agency and state-based framework. Federal securities, commodities, AML, tax and stablecoin rules apply according to the asset and activity.

8

Total Laws (incl. applicable EU-wide)

0

Effective Laws

At a Glance

Is holding crypto allowed?

Allowed

Allowed

Is crypto trading allowed?

Regulated

Regulated

Is P2P trading allowed?

Allowed

Allowed

Are crypto payments allowed?

Allowed

Allowed

Is crypto legal tender?

No

No

Is mining allowed?

Allowed

Allowed

Is staking allowed?

Regulated

Regulated

Is DeFi participation allowed?

Regulated

Regulated

Are stablecoins allowed or regulated?

Regulated

Regulated

Activity Status Matrix

ActivityStatusDetails
Holding CryptoAllowedIs holding crypto allowed?
Crypto TradingRegulatedIs crypto trading allowed?
P2P TradingAllowedIs P2P trading allowed?
Crypto PaymentsAllowedAre crypto payments allowed?
Legal TenderNoIs crypto legal tender?
MiningAllowedIs mining allowed?
StakingRegulatedIs staking allowed?
DeFiRegulatedIs DeFi participation allowed?
StablecoinsRegulatedAre stablecoins allowed or regulated?
NFTsRegulatedAre NFTs allowed or regulated?
Token LaunchesRegulatedAre token launches allowed?
Crypto AdvertisingRegulatedIs crypto advertising allowed?
Banking AccessRegulatedDo crypto businesses have banking access?

Regulation Overview

The United States does not have one universal crypto licence. FinCEN applies federal AML rules to covered money transmitters and other MSBs, while states may require money-transmitter or virtual-currency licences. The SEC regulates digital securities and investment-contract transactions; the CFTC regulates derivatives and has enforcement authority over fraud and manipulation involving commodities. A joint SEC-CFTC interpretation issued in March 2026 clarified token categories and the application of federal securities law, while additional market-structure legislation and SEC offering rules remain developing. Federal stablecoin legislation establishes a separate issuer framework. Crypto is lawful to own and trade but is not US legal tender.

Tax Information

The IRS treats digital assets as property for federal tax purposes. Sales, swaps and spending can produce capital gain or loss; crypto received for services, mining or staking can be ordinary income.

Individual Tax Treatment

Investment disposals are generally reported as capital gains or losses, with short- or long-term treatment based on holding period. Compensation, mining rewards and other receipts are generally included in income at fair market value when taxable receipt occurs.

Business Tax Treatment

Businesses include digital-asset receipts in income at fair market value and apply ordinary tax, payroll, information-reporting and accounting rules. Broker reporting and cost-basis rules phase in under federal regulations.
Internal Revenue Service

Business & Licensing

Covered exchangers and transmitters register with FinCEN as MSBs and may need state licences. Securities, derivatives, stablecoin issuance, custody and banking activities can require SEC, CFTC, banking or state approvals.

AML / KYC Requirements

Covered MSBs must register with FinCEN, maintain a written AML program, identify customers as required, keep records and file suspicious and currency transaction reports. Sanctions rules also apply.

Primary Regulator

SEC / CFTC / FinCEN / State Regulators

sec.gov

Crypto Laws & Regulations in United States

Acteffective

Maine Virtual-Currency Unclaimed Property Act

An Act to Amend the Maine Revised Unclaimed Property Act and Clarify the Definition of Virtual Currency

Published: July 29, 2026Effective: July 29, 2026Ref: P.L. 2025, c. 675; LD 1969 / HP 1313
Maine adds virtual currency to its unclaimed-property framework and sets rules for dormancy, reporting, custody, transfer and liquidation of abandoned crypto assets.
Consumer ProtectionCustodyEnforcement
Official Source
Guidancecurrent_guidance

US Federal Crypto Asset Interpretation

SEC-CFTC interpretation on federal securities laws and crypto assets

Published: March 17, 2026Effective: March 17, 2026Ref: SEC Release 2026-30
Clarifies token categories and when federal securities laws apply to crypto assets and investment-contract transactions.
SecuritiesToken IssuanceExchanges
Official Source
Guidancecurrent_guidance

FinCEN Convertible Virtual Currency Guidance

Application of FinCEN Regulations to Certain Business Models Involving Convertible Virtual Currencies

Published: May 9, 2019Effective: May 9, 2019Ref: FIN-2019-G001
Explains when crypto business models are money transmission and therefore MSBs under federal AML rules.
AML/KYCLicensingPayments
Official Source
Acteffective

Wyoming Decentralized Unincorporated Nonprofit Association Act (DUNA Act)

Wyoming Decentralized Unincorporated Nonprofit Association Act (SF 0050)

Effective: July 1, 2024Ref: Wyoming Statutes §§ 17-32-101 et seq.; SF 0050 (2024)

Wyoming's DUNA Act creates a statutory legal entity form designed for decentralised unincorporated nonprofit associations, including DAOs. It provides governance, property, contracting and legal-capacity rules for DUNAs, and addresses member and administrator liability. A DUNA is distinct from Wyoming's DAO LLC framework and applies specifically to nonprofit-structured decentralised organisations.

Token IssuanceDeFi
Official Source
Acteffective

Texas HB 1666 / Finance Code Chapter 160 — Digital Asset Service Providers

Texas Finance Code Chapter 160 — Digital Asset Service Providers (HB 1666)

Effective: September 1, 2023Ref: HB 1666 (88th Legislature); Texas Finance Code Ch. 160

Texas HB 1666, codified as Texas Finance Code Chapter 160, governs covered digital-asset service providers meeting customer or asset thresholds in Texas. It restricts commingling and misuse of customer funds, requires sufficient reserves, mandates quarterly accounting disclosures to customers, and requires annual reporting and auditor attestation for covered providers.

LicensingExchangesConsumer Protection
Official Source
Actpartially_effective

California Digital Financial Assets Law (DFAL)

California Digital Financial Assets Law (AB 39 / SB 401)

Effective: July 1, 2026Ref: California Financial Code §§ 3200–3272

California's Digital Financial Assets Law (DFAL), enacted through AB 39 and SB 401 as consolidated legislation, creates a state licensing regime for digital financial asset businesses operating in California. General licensing requirements apply from 1 July 2026; earlier staged dates apply to digital-asset transaction kiosks. Do not assign a single blanket effective date.

LicensingExchangesConsumer Protection
Official Source
Regulationeffective

23 NYCRR Part 200 — Virtual Currency Regulation (BitLicense)

23 NYCRR Part 200 — Virtual Currency Regulation

Effective: June 24, 2015Ref: 23 NYCRR Part 200

New York State's BitLicense regulation, codified at 23 NYCRR Part 200, requires a BitLicense or qualifying New York banking/trust charter for persons conducting covered virtual-currency business activity involving New York or New York residents. It covers exchange, transfer, custody and specified administration activities, and sets capital, AML, cybersecurity, recordkeeping, disclosure and examination requirements.

LicensingExchangesAML/KYCConsumer Protection
Official Source
Actenacted_not_effective

GENIUS Act of 2025

Guiding and Establishing National Innovation for US Stablecoins Act of 2025

Ref: Public Law No. 119-__

The GENIUS Act establishes the first federal framework in the United States for the issuance and regulation of payment stablecoins. It creates permitted payment stablecoin issuers, requires reserve backing, governs redemption practices and mandates supervisory compliance across both federal and state pathways. Implementing rulemaking by the US Treasury and federal banking regulators is underway.

StablecoinsPaymentsLicensingAML/KYCConsumer Protection
Official Source