CFTC Pulls Back Guidance on Retail Digital Asset Trades
Published Date: 12/16/2025
Rule
Summary
The CFTC is pulling back its 2020 rules about how certain digital assets, like virtual currencies, are treated in retail commodity trades. This change affects anyone buying or selling these digital assets and means the agency will rethink its approach based on new market developments. The withdrawal takes effect December 10, 2025, signaling a fresh start without immediate cost impacts but plenty of eyes watching what’s next.
Analyzed Economic Effects
2 provisions identified: 1 benefits, 1 costs, 0 mixed.
CFTC Withdraws 2020 Crypto Guidance
If you buy or sell certain digital assets in retail commodity transactions, the CFTC's 2020 interpretive guidance about when "actual delivery" has occurred is withdrawn as of December 10, 2025. That means the specific 2020 guidance no longer applies while the Commission reevaluates its approach.
Agency Says Rule Not Major or Significant
The Office of Management and Budget determined this withdrawal is not a "significant regulatory action" under Executive Order 12866, and the Office of Information and Regulatory Affairs designated the rule as not a "major rule" under the Congressional Review Act. These determinations indicate the agency assessed the withdrawal as lacking major economic impact.
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