Overall status: Legal. No federal law prohibits Bitcoin mining. Strategic Bitcoin Reserve EO (Mar 6, 2025) and the 2026 'Mined in America Act' codify federal pro-mining policy. SEC continues to treat PoW mining as outside its securities jurisdiction.
No federal law prohibits Bitcoin mining. Strategic Bitcoin Reserve EO (Mar 6, 2025) and the 2026 'Mined in America Act' codify federal pro-mining policy. SEC continues to treat PoW mining as outside its securities jurisdiction.
Updated 2026-04-01
No federal mining license. FinCEN MSB rules apply only when an operator transmits funds for others. State-level large-load registration regimes (e.g. Texas PUCT VCM) increasingly required for utility-scale facilities.
Updated 2026-04-01
IRS treats virtual currency as property. Mined coins taxable at fair market value when received; gains/losses on sale. Form 1099-DA digital asset broker reporting in effect for 2026 tax year (mining-as-a-service providers may be in scope).
Updated 2026-01-01
EPA and state agencies require environmental review for large operations. Estimated 2.3% of US electricity now consumed by Bitcoin/AI data centers (EIA 2026). Air, noise and water-use permits common at the local level.
Updated 2026-02-01
Sharp state divergence. Pro-mining: TX, AR, OK, MT, MS, LA, WY, NH. Restrictive: NY (PoW fossil-fuel moratorium extended; 2026 Assembly proposing per-kWh mining tax), WA (utility tariff classes), parts of NC and GA. Texas SB 6 (2025) overhauls ERCOT large-load interconnection.
Updated 2026-03-15
ASIC imports legal. Section 301 China tariffs (now ~25-50%) continue to affect Bitmain/MicroBT pricing; 'Mined in America Act' proposes domestic ASIC manufacturing incentives.
Updated 2026-03-30
OCC Interpretive Letter 1183 (Mar 2025) and SAB 121 rescission opened bank custody/services to crypto firms. Most miners now have access to traditional banking, though community-bank availability still varies.
Updated 2026-01-15
IRS Notice 2014-21 framework still controls: mined BTC = ordinary income at FMV on receipt; subsequent disposals trigger capital gains. Form 1099-DA broker reporting starts for 2026 transactions. Section 174 R&D capitalization continues to affect mining software businesses pending legislative fix.
Legal. No federal law prohibits Bitcoin mining. Strategic Bitcoin Reserve EO (Mar 6, 2025) and the 2026 'Mined in America Act' codify federal pro-mining policy. SEC continues to treat PoW mining as outside its securities jurisdiction.
No federal mining license. FinCEN MSB rules apply only when an operator transmits funds for others. State-level large-load registration regimes (e.g. Texas PUCT VCM) increasingly required for utility-scale facilities.
IRS treats virtual currency as property. Mined coins taxable at fair market value when received; gains/losses on sale. Form 1099-DA digital asset broker reporting in effect for 2026 tax year (mining-as-a-service providers may be in scope).
Sharp state divergence. Pro-mining: TX, AR, OK, MT, MS, LA, WY, NH. Restrictive: NY (PoW fossil-fuel moratorium extended; 2026 Assembly proposing per-kWh mining tax), WA (utility tariff classes), parts of NC and GA. Texas SB 6 (2025) overhauls ERCOT large-load interconnection.
EPA and state agencies require environmental review for large operations. Estimated 2.3% of US electricity now consumed by Bitcoin/AI data centers (EIA 2026). Air, noise and water-use permits common at the local level.
OCC Interpretive Letter 1183 (Mar 2025) and SAB 121 rescission opened bank custody/services to crypto firms. Most miners now have access to traditional banking, though community-bank availability still varies.