Qualified Trusts Participating in PoS Staking Do Not Lose Tax Benefits, US IRS Updates Safe Harbor Guidance

Odaily News: The US IRS released Revenue Procedure 2026-20 on October 6, updating and replacing Revenue Procedure 2025-31 issued in November 2025, clarifying that qualifying investment trusts and grantor trusts may participate in PoS staking while retaining tax benefit treatment. The IRS recognizes compliant staking as a "property preservation activity," keeping the trust on the passive side and preserving its investment trust and grantor trust status (IRC Sections 671 to 677).

The safe harbor contains 14 requirements, including that shares be listed on a national exchange, that only a single digital asset be held, that assets be custodied by a qualified custodian, that the liquidity policy be approved by the SEC, and that staking rewards not be hoarded. The guidance applies to tax years ending on or after November 10, 2025.