The SEC regulates digital assets that are securities and the CFTC regulates those that are commodities, including Bitcoin and Ether, and legislation to define the boundary between them has been debated in Congress through 2025 and 2026.
Which agency has authority determines registration, trading venue, and enforcement exposure. The status of pending market structure legislation should be checked before relying on any summary.
Why it matters: for a token project, the jurisdictional question is the legal question. See security versus utility tokens.
Howey analysis and written opinions for token projects and exchanges.
See the practice page →Our tax attorneys handle IRS audits, crypto tax, offshore disclosures, and opinion letters for clients nationwide. Consultations are confidential.
Definitions are general information, not legal advice, and may not reflect the most recent changes in law.
IRS letters, audits, unreported years, returns.
Foreign accounts, expats, offshore disclosure.
Audits, tax debt, criminal exposure, Tax Court.
Written analysis at a stated confidence level.
Asset protection for individuals and businesses; private company deals.
Attorney-reviewed returns and planning.
