Bitcoin in an IRA or 401(k)
For bitcoin, the IRS treats crypto as property; spot bitcoin ETFs have traded on US exchanges since January 2024, and the Labor Department dropped its 2022 warning on crypto in 401(k)s in May 2025.
Facts checked 26 October 2026 · Not financial, legal or tax advice
Traditional and Roth IRA (including self-directed IRAs)
What is allowed: The IRS treats virtual currency as property. Its virtual currency FAQs do not mention IRAs. The only IRS collectibles guidance on digital assets found (Notice 2023-27) deals with NFTs, using a look-through test. No IRS guidance was found that names bitcoin as a collectible or approves it for IRAs. Since 10 January 2024 the SEC has allowed spot bitcoin exchange-traded products to list on US exchanges, and these are listed shares that can be held like other exchange-traded securities.
Tax: An IRA is generally exempt from tax (408(e)(1)). If an IRA buys a collectible, the cost is treated as a distribution. The IRS says this is generally taxed as ordinary income, the 10% additional tax may apply under age 59 1/2, and the owner then has basis in that amount. A prohibited transaction can end IRA status from the first day of that tax year (408(e)(2)).
401(k) and other employer plans with participant-directed accounts
What is allowed: In March 2022 the Department of Labor (Compliance Assistance Release 2022-01) told 401(k) fiduciaries to use 'extreme care' before adding crypto options. On 28 May 2025 it rescinded that release (2025-01) and said it neither endorses nor disapproves of crypto options; normal ERISA prudence rules apply. An executive order of 7 August 2025 asked for wider access to alternative assets in 401(k)s, and the DOL proposed a rule on 30 March 2026 whose guidance covers digital assets, with comments due 1 June 2026.
Tax: Buying a collectible in an individually directed account is treated as a distribution equal to its cost; the IRS says this is generally taxed as ordinary income and the 10% early-withdrawal tax may apply.
Watch out for:
- Plan participants can only choose from the options the plan offers; a crypto or metals option depends on the plan fiduciary.
- The 2026 DOL proposed rule was not confirmed as final at the time of research.
FAQ
Can a 401(k) offer bitcoin?
The Department of Labor rescinded its 2022 'extreme care' guidance on 28 May 2025 and now says it neither endorses nor disapproves of crypto options; plan fiduciaries must still meet ERISA's prudence duty.
When did spot bitcoin ETFs start in the US?
The SEC approved the exchange listing of 11 spot bitcoin exchange-traded products on 10 January 2024.
Sources (9)
- IRS: Frequently asked questions on virtual currency transactions (updated 30 Jun 2026)
- CRS Report R49334: Judicial and Administrative Developments in the Tax Treatment of Digital Assets
- Proskauer: SEC approves exchange listing applications for spot bitcoin ETPs
- 26 U.S.C. 408 (Individual retirement accounts), US Code via GovInfo
- IRS: Investments in collectibles in individually directed qualified plan accounts (page updated 3 Jul 2026)
- Journal of Accountancy: Gold coins in taxpayer's home were taxable IRA distributions (McNulty, 157 T.C. No. 10)
- US Department of Labor, EBSA Compliance Assistance Release No. 2025-01
- US Department of Labor, EBSA Compliance Assistance Releases index
- The Real Estate Roundtable: Democratizing Access to Alternative Assets for 401(k) Investors (Spring 2026)
General information from official sources, checked October 2026. Rules for retirement accounts are complex and change; check with your plan provider, a tax adviser or the tax authority before you invest. Not financial, legal or tax advice.