The U.S. Securities and Exchange Commission (SEC) has made a critical decision for cryptocurrency markets. It has greenlit "in-kind" transactions, meaning the creation and redemption of cryptocurrencies directly, for Bitcoin and Ethereum spot ETFs. This development offers significant flexibility in the sector's operations compared to the period when spot ETFs, approved in early 2024, were limited to cash transactions only.
This decision, taken by the SEC's vote on July 29th, is expected to reduce costs, increase liquidity, and provide tax advantages for both ETF issuers and institutional investors. Commission Chairman Paul S. Atkins stated after the vote, "Developing a fit-for-purpose regulatory framework for cryptocurrency markets is one of my top priorities. These decisions will contribute to lower cost and more efficient investment products."
Traditional ETF mechanism brought to crypto
"In-kind" transactions have been used for years in traditional stock and commodity ETFs. In this system, authorized participants can create or redeem ETF shares directly in exchange for the underlying asset. For example, in gold ETFs, this mechanism allows investors to purchase ETF shares instead of physical gold, or to redeem shares to receive gold.
With the SEC extending this practice to crypto ETFs, ETF companies will now be able to directly purchase or deliver the underlying asset, Bitcoin or Ethereum. This will largely eliminate issues such as price fluctuations, transaction delays, and high costs associated with cash transactions.
The decision also introduces a significant tax advantage for investors. In cash redemptions, the issuing ETF is required to liquidate the fund by selling the underlying asset, resulting in capital gains that are passed on to investors. However, in in-kind redemptions, the investor will purchase Bitcoin or Ethereum directly, leaving the sale decision entirely at their discretion. This will defer taxation.
Furthermore, this flexibility will enable market makers and fund managers to better manage liquidity. Results such as narrowing spreads, increased trading volume, and enhanced market depth are expected. Experts note that this development could trigger new institutional inflows into ETF products. The SEC's decision also aligns with the US's attempt to catch up with international developments. Hong Kong initially allowed in-kind transactions in the Bitcoin and Ether ETFs it launched in April 2024. In some jurisdictions, such as Ontario, Canada, this flexibility was not initially granted. However, the clarity in Hong Kong and the SFC's requirement to work with licensed crypto exchanges ensured the system's smooth operation from the outset.
On the US side, the process was challenging. Even within the SEC, this strict approach was criticized. Commissioner Mark Uyeda, during the January 2024 approval process for spot Bitcoin ETFs, stated that "approaching crypto with such caution while the same transaction is standard for physical gold-backed ETFs is a double standard," stating that the decision set a "worrying precedent."
The ETF market and the crypto sector
The approval of spot Bitcoin ETFs in early 2024 led to significant growth in the sector. These products, which have reached billions of dollars in assets under management, have seen their transaction volume increase, while new applications have also accelerated. The SEC's latest move could lead to a more flexible and investor-friendly structure for both approved products and future fund applications.
