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CFTC Declares Bitcoin, Ethereum And Tether As Commodities

Published date:

February 2, 2026

CFTC Declares Bitcoin, Ethereum And Tether As Commodities

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Cryptocurrencies can be volatile and high risk. Though our articles are for informational purposes only, they are written in accordance with the latest guidelines from tax agencies around the world and reviewed by certified tax professionals before publication. Learn more about our Editorial Process and Risk Warning.

According to the CFTC’s court filing, “Certain digital assets are “commodities,” including bitcoin (BTC), ether (ETH), tether (USDT) and others, as defined under Section 1a(9) of the Act, 7 U.S.C. § 1a(9).”

The Commodity Futures Trading Commission labeled Bitcoin, Ethereum, and Tether as commodities in its lawsuit against FTX and Alameda Research.

Another positive to come from the FTX charges yesterday - the CFTC once again confirmed that they view $ETH as a commodity pic.twitter.com/hXjMuMhUhJ
— Coin Bureau (@coinbureau) December 14, 2022

The contents of December 13’s court filing were in contrast to the recent statements of Rostin Behnam, the Chairman of the CFTC. A few days ago, Behnam called Bitcoin the only cryptocurrency that should be viewed as a commodity during a crypto event held at Princeton University. In June, Gary Gensler, the SEC Chairman, also agreed on classifying Bitcoin as a commodity.

The topic of regulating Ethereum as a commodity or security has been vastly debated by US regulators.

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Following Ethereum’s transition to a Proof-of-Stake (PoS) model, Gensler asserted that staked tokens may qualify as securities. On the other hand, Behnam had earlier claimed in October that Ethereum can be considered as a commodity, before changing his stance on the subject again in November.

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Ayush Pande

Written by:

Ayush Pande

Writer

As a tech enthusiast who's always on the prowl for the latest developments concerning crypto and hardware, you can find him covering news stories or tinkering with PCs.

About the Author

As a tech enthusiast who's always on the prowl for the latest developments concerning crypto and hardware, you can find him covering news stories or tinkering with PCs.

About the Author

Radica Maneva

Reviewed by:

Radica Maneva

Senior Editor

Radica is a Senior Editor at Bitcompare. She has worked for more than a decade at leading publications as an Editor across various industries, including crypto and finance.

Bitcompare is a trading name of Blue Venture Studios Pty Ltd.

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