---
type: country
domain: crypto-regulation
status: stable
tags: ["crypto-regulation", "north_america", "fatf", "legal"]
aliases: ["US", "USA", "United States of America"]
created: 2026-04-24
updated: 2026-03-10
compile_into: ["[[country--united-states]]"]
sources:
  - name: "Securities and Exchange Commission"
    url: "https://www.sec.gov"
    type: "official"
  - name: "CFTC"
    url: "https://www.cftc.gov"
    type: "official"
  - name: "FinCEN"
    url: "https://www.fincen.gov"
    type: "official"
  - name: "US Congress Legislation Tracker"
    url: "https://www.congress.gov"
    type: "official"
---

# 🇺🇸 [[country--united-states|United States]] (US) — Crypto Regulation

> The United States maintains a clear regulatory framework for cryptocurrencies primarily under Federal Securities Laws, with active SEC involvement in rulemaking and enforcement to protect investors and ensure market fairness.

## Overview

| Field | Value |
|-------|-------|
| Status | Legal |
| Risk Score | 45/100 (Moderate Risk) |
| Enforcement Level | Aggressive |
| Region | [[domain--north-america|north america]] |
| Currency | [[entity--usd|USD]] |
| Adoption Rank | #4 |

## Tax

| Type | Rate |
|------|------|
| Capital Gains (Personal) | Varies by income bracket, up to 37% federal capital gains tax |
| Capital Gains (Corporate) | 21% federal corporate tax rate applies to crypto gains |
| VAT on Crypto | No |
| Mining Tax | Mining income taxed as ordinary income |
| Staking Tax | Taxed as ordinary income upon receipt |
| Airdrop Tax | Taxed as ordinary income upon receipt |

Crypto is taxed under existing income and capital gains tax rules, with no VAT applied to crypto transactions.

## Licensing

| Field | Value |
|-------|-------|
| Required | Yes |
| Regulator | [[entity--sec|SEC]] / CFTC / FinCEN / State Regulators |
| Framework | Federal Securities Laws |
| Ease | hard |
| Cost | $100,000 - $10,000,000+ |
| Timeline | 6-36 months |

Licensing is complex and involves multiple federal and state regulators, including SEC and FinCEN.

## AML / KYC

| Field | Value |
|-------|-------|
| KYC Required | Yes |
| Travel Rule | Yes |
| [[concept--fatf|FATF]] Member | Yes |
| FATF Status | compliant |

## DeFi

**Status:** regulated

DeFi platforms are subject to existing securities and money transmission laws; regulatory scrutiny is increasing.

## Stablecoins

**Status:** regulated

Stablecoins are regulated under existing securities and money transmission laws, with ongoing SEC and Treasury oversight.

## NFTs

**Status:** Unclear

The SEC has indicated that some NFTs, particularly fractionalized NFTs and NFTs sold with expectations of profit, may be securities. No NFT-specific regulation exists. Enforcement has been case-by-case.

## Mining

| Field | Value |
|-------|-------|
| Legal | Yes |
| Electricity Cost | $0.084/kWh |
| Renewable Energy | 23% |
| Climate | mixed |
| Infrastructure | excellent |

Mining is legal and supported by robust infrastructure, though energy costs vary regionally.

## Geopolitics

| Field | Value |
|-------|-------|
| Stability | stable |
| Sanctions | No |
| Corruption Index | 67/100 |
| Ease of Business | easy |
| Internet Freedom | free |
| Banking Access | open |
| Sanctions Programs Active | Yes |

### Recent Political Events

- 2026-04-21: SEC Chairman Paul Atkins keynote remarks at The Economic Club of Washington — Reinforces SEC's commitment to investor protection and regulatory clarity in crypto markets

## Enforcement

The SEC and CFTC have brought numerous enforcement actions against crypto exchanges, DeFi protocols, and token issuers. Major cases in 2024-2025 included actions against several top-10 exchanges. DOJ has pursued criminal cases for fraud and sanctions evasion.

## CBDC Status: exploring

---

*Data source: [Soken Crypto Legal Map](https://soken.dev/crypto-map/). Last reviewed: 2026-04-24.*

**Sources:**
- [Securities and Exchange Commission](https://www.sec.gov)
- [CFTC](https://www.cftc.gov)
- [FinCEN](https://www.fincen.gov)
- [US Congress Legislation Tracker](https://www.congress.gov)