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Writer's pictureManuel Parada

Will Crypto be coming to 401k accounts soon?

Updated: Jan 8, 2023

It is possible that 401(k) plans may offer investment options in cryptocurrencies in the future. However, it is not certain when or if this will happen. Cryptocurrencies are still a relatively new and volatile asset class, and their suitability as an investment option for 401(k) plans is still being evaluated by financial professionals and regulatory agencies.


It's also worth noting that 401(k) plans are subject to strict regulations, and any changes to the investment options offered under a 401(k) plan must be carefully considered in light of these regulations. Therefore, it may take some time for cryptocurrencies to be offered as an investment option in 401(k) plans, if they are offered at all.

Are there new Laws coming?


I'm not aware of any specific laws that Congress is considering specifically for investing in cryptocurrencies through 401(k) plans. As I mentioned earlier, cryptocurrencies are a relatively new and volatile asset class, and their suitability as an investment option for 401(k) plans is still being evaluated by financial professionals and regulatory agencies.

That being said, there are a number of laws and regulations that apply to 401(k) plans in general, which could also apply to any investment in cryptocurrencies made through a 401(k) plan. For example, the Employee Retirement Income Security Act (ERISA) sets minimum standards for most privately-sponsored pension and health plans in the United States, including 401(k) plans. Among other things, ERISA requires 401(k) plan sponsors to act prudently and solely in the interests of plan participants and beneficiaries when making investment decisions.

In addition, the Internal Revenue Service (IRS) has issued guidance on the tax treatment of virtual currency transactions, which could potentially apply to investments in cryptocurrencies made through a 401(k) plan.


It's also possible that Congress could consider legislation related to cryptocurrencies more broadly, which could have an impact on the ability of 401(k) plans to invest in cryptocurrencies. However, I don't have any information on any specific legislation that is being considered at this time.


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