Bitcoin and Ethereum ETF Approvals in US: A Complete Guide to the New Rules

Bitcoin and Ethereum ETF Approvals in US: A Complete Guide to the New Rules
Amber Dimas

For years, buying Bitcoin or Ethereum meant dealing with sketchy exchanges, worrying about hacked wallets, or navigating a regulatory gray zone that felt more like the Wild West than Wall Street. That changed dramatically in 2024 when the U.S. Securities and Exchange Commission (SEC) finally approved spot Bitcoin ETFs, which are exchange-traded funds that track the price of Bitcoin directly. Just six months later, they did the same for Ethereum ETFs, which are funds that hold actual Ether tokens to track its market value. But if you think the story ended there, you’re missing the biggest twist yet. In mid-2025, the rules changed again, introducing "in-kind" processing that completely reshaped how institutions buy and sell these assets. If you’ve been holding off on investing because of regulatory fears, this is the moment the landscape shifted from uncertain to structured.

The Turning Point: From Rejection to Approval

It wasn’t always this easy. For over a decade, the SEC rejected every application for a spot Bitcoin ETF. The official reason was usually about market manipulation and lack of surveillance sharing agreements. Investors had to settle for futures-based ETFs, which tracked contracts rather than the actual coin, creating a disconnect between the fund’s price and Bitcoin’s real-time value. Then came August 2023. The U.S. Court of Appeals for the D.C. Circuit ruled in Grayscale Investments LLC v. SEC that the commission had applied inconsistent standards. Essentially, the court said the SEC couldn’t reject Bitcoin ETFs while approving gold ETFs without explaining why Bitcoin was uniquely risky. This legal pressure forced the SEC’s hand.

On January 10, 2024, the floodgates opened. Eleven spot Bitcoin ETFs were approved simultaneously. BlackRock’s iShares Bitcoin Trust (IBIT) led the charge, pulling in $4.6 billion in assets within its first week alone. By July 23, 2024, the SEC followed suit with eleven spot Ethereum ETFs. This wasn’t just a nod to tech enthusiasts; it was a validation of digital assets as legitimate components of traditional portfolios. Major financial players like Fidelity, VanEck, and Grayscale suddenly found themselves managing billions in crypto exposure through regulated vehicles.

Cash vs. In-Kind: The Structural Shift of 2025

Here’s where things get technical but crucial for your wallet. When the Bitcoin and Ethereum ETFs first launched, they operated on a "cash-only" creation and redemption model. What does that mean? If an institutional investor wanted to create new shares of a Bitcoin ETF, they had to give the fund manager cash. The manager would then go out and buy Bitcoin on the open market. To redeem shares, the process reversed: the fund sold Bitcoin for cash and gave it back to the investor. This created tax events and operational friction. Every time large amounts moved in or out, it triggered taxable sales of the underlying asset.

In July 2025, the SEC approved in-kind creation and redemption, which is a mechanism allowing investors to exchange actual cryptocurrency for ETF shares without selling the asset. This aligns crypto ETFs with traditional commodity ETFs like GLD (gold). Now, authorized participants can deliver actual Bitcoin or Ether to the fund in exchange for shares. No sale occurs. No capital gains tax is triggered at that moment. According to Bloomberg, this change allowed Bitcoin whales to convert over $3 billion worth of holdings into ETF shares by October 2025 without ever hitting the sell button. For estate planning and collateralization, this is a game-changer. It reduces operational costs by approximately 0.15% to 0.25% annually, saving the industry hundreds of millions of dollars.

Comparison of Cash-Only vs. In-Kind ETF Structures
Feature Cash-Only Model (Pre-2025) In-Kind Model (Post-2025)
Tax Impact Triggers capital gains upon creation/redemption No immediate tax event for the underlying asset
Market Impact Fund must buy/sell crypto on open market Direct transfer minimizes market volatility
Operational Cost Higher due to trading fees and slippage Lower, estimated savings of 0.15-0.25%
Investor Flexibility Limited to cash transactions Allows direct conversion of existing holdings
Bitcoin and Ethereum figures showing staking differences and transfers

Bitcoin vs. Ethereum: Different Rules for Different Coins

While both Bitcoin and Ethereum got the green light, they don’t play by the exact same rules inside the ETF structure. Bitcoin is simple: it’s a proof-of-work network. You hold it, it sits there. There are no rewards generated by simply holding it. Therefore, all eleven spot Bitcoin ETFs have identical structures regarding yield-they generate none.

Ethereum is different. It uses a proof-of-stake consensus mechanism. This means holders can stake their ETH to secure the network and earn rewards. When the SEC approved Ethereum ETFs, providers faced a choice: should they stake the ETH held by the fund? As of September 2025, only five of the eleven approved Ethereum ETFs elected to participate in staking. Grayscale’s ETHE, for example, allocated 4.2% of its holdings to staking, generating $127 million in quarterly rewards for shareholders. Others, like BlackRock’s iETHA, chose not to stake initially due to regulatory uncertainty around whether staking constitutes a security offering. This creates a divergence in returns. If you want yield, you need to check if your specific Ethereum ETF stakes its assets. If you prefer simplicity and lower counterparty risk, you might stick with non-staking funds.

Fees Matter More Than You Think

In the world of ETFs, fees eat into your returns. The competition among providers has driven prices down, but disparities remain. Spot Bitcoin ETFs average a management fee of 0.25%. However, you can find options like Fidelity’s FBTC charging 0.00% (at least temporarily), while Grayscale’s GBTC still charges up to 0.90%, largely because it converted from a trust structure that previously charged higher rates. For Ethereum, the average is slightly higher at 0.35%. VanEck’s EETH offers a competitive 0.15%, whereas Grayscale’s ETHE tops out at 1.50%. If you’re holding long-term, that extra percentage point compounds significantly. Always compare the expense ratio before committing capital.

Investors viewing low-fee charts in a futuristic trading environment

The Regulatory Landscape: Who’s Watching?

The shift in attitude isn’t just bureaucratic; it’s philosophical. Under former Chairman Gary Gensler, the SEC treated most cryptocurrencies as securities, leading to enforcement actions against major exchanges. With the arrival of Chairman Paul S. Atkins in 2025, the tone softened. Atkins explicitly stated that developing a "fit-for-purpose" framework for crypto is a priority. His approval of in-kind processing signaled a move toward integration rather than obstruction. However, caution remains. Not all crypto assets will qualify for ETF treatment. The SEC continues to evaluate applications case-by-case. While Hong Kong has already approved spot Solana ETFs, the U.S. remains conservative. The FCA in the UK lifted its ban on retail crypto ETNs in October 2025, showing global alignment, but U.S. investors must still navigate domestic constraints.

What This Means for Your Portfolio

If you’ve been waiting for a safe harbor to enter the crypto market, the ETF approvals provide that bridge. You can now buy Bitcoin or Ethereum through your standard brokerage account, using familiar tools like IRAs and 401(k)s. The in-kind mechanism adds another layer of sophistication, allowing high-net-worth individuals to manage tax liabilities more efficiently. However, remember that ETFs remove self-custody. You don’t own the private keys. You own a share of a trust that owns the keys. For those who prioritize absolute control, self-custody remains superior. For those prioritizing convenience, regulatory protection, and tax efficiency, the ETF route is now the dominant path.

Can I lose money in a Bitcoin or Ethereum ETF?

Yes. While the ETF structure protects you from hacking risks associated with personal wallets, it does not protect you from market volatility. If the price of Bitcoin or Ethereum drops, the value of your ETF shares will drop accordingly. Additionally, management fees reduce your total return over time.

Do Ethereum ETFs pay dividends?

Some do. Only Ethereum ETFs that choose to stake their underlying assets generate yields. As of late 2025, about half of the approved Ethereum ETFs distribute staking rewards to shareholders, typically on a quarterly basis. Bitcoin ETFs do not pay dividends because Bitcoin does not generate staking rewards.

What is the benefit of in-kind creation for regular investors?

In-kind creation primarily benefits institutional investors and large holders by reducing tax liabilities and operational costs. For regular investors, this efficiency can lead to tighter spreads between the ETF’s price and its net asset value (NAV), meaning you get a fairer price when buying or selling shares.

Are Bitcoin and Ethereum ETFs available in retirement accounts?

Yes. Because these ETFs trade on major stock exchanges like any other equity, they can be held in IRAs, 401(k)s, and other tax-advantaged retirement accounts, provided your brokerage supports them.

Will other cryptocurrencies get ETF approvals in the US?

Possibly, but it’s not guaranteed. The SEC has indicated a case-by-case approach. While Solana ETFs have launched in other jurisdictions like Hong Kong, U.S. regulators remain cautious about altcoins due to varying levels of decentralization and security concerns. Bitcoin and Ethereum are currently viewed as the safest candidates for broad investment products.