The new U.S. SEC rules and broader regulatory changes under the Trump administration could potentially bring crypto companies back onshore, reversing years of offshore migration due to regulatory and tax challenges.
The SEC has indicated openness to new approaches, with Commissioner Hester Peirce leading efforts to create a framework for token launches as “non-securities” under Section 28 exemptive authority. This could provide clarity and relief for token issuers, addressing longstanding concerns about securities classifications.
Proposed favorable tax treatments for crypto, such as eliminating capital gains taxes on crypto transactions, could further incentivize firms to operate in the U.S. These measures aim to reduce the financial burden associated with token sales and fundraising.
U.S.-based crypto projects could see increased investment, as domestic investors might prefer these assets to avoid taxes on foreign crypto, which could face a 30% tax under the proposed rules.
The introduction of new corporate structures, like decentralized unincorporated nonprofit associations (DUNAs), may allow blockchain projects to legally operate within the U.S. without relying on offshore entities.
These changes represent a significant shift in the government’s stance toward crypto regulation, potentially creating a pathway for firms to return onshore. However, some concerns remain about balancing regulatory safeguards and fostering innovation.
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