Utah — Bitcoin and virtual-currency law
Document text
Research, not advice. Part of the Bitcoin research archive (October 2026). Claims labelled unverified, contested or fringe are reported, not endorsed; statuses of bills and rules are as of the date checked. Government, court and patent records are public domain; the research notes are CC BY 4.0.
Utah — Bitcoin and virtual-currency law
- Jurisdiction: State of Utah (US)
- Date checked: 2026-10-09 (all statuses below were checked on this date unless another date is given)
- Regulators: Department of Financial Institutions (DFI; Money Transmitter Act, Utah Code Title 7 ch. 25); Department of Commerce, Division of Consumer Protection (kiosk law from 2026); Division of Securities
- Legislature: 2026 General Session ended March 2026; next session January 2027.
- Saved primary sources:
sources/states/ut/(seesources/states/ut/INDEX.md)
At a glance
| Topic | Utah position | Key cite | Status (checked 2026-10-09) |
|---|---|---|---|
| Money-transmitter licence for Bitcoin | Utah Money Transmitter Act (Title 7, ch. 25). Whether Bitcoin-only activity is licensed was not confirmed from DFI sources (gap). Since 2025, running nodes, developing blockchain software and operating crypto-to-crypto exchange businesses or protocols are expressly exempt | Utah Code 7-28-104 (HB 230, 2025) | In force [S1] |
| Model law | Partial MTMA — control provisions in the Financial Institutions Act (Utah Code 7-1-103.5; SB 183, 2022) | CSBS | Effective 2022-05-04 [S5][S6] |
| Blockchain rights | State and local governments may not restrict accepting or holding digital assets; right to run nodes, develop software, transfer assets and stake; miners protected from stricter noise and zoning rules in industrial zones | HB 230 (2025) "Blockchain and Digital Innovation Amendments," Utah Code 7-28-101 et seq., 10-9a-541, 17-27a-536 | Enacted 2025 [S1] |
| Crypto ATMs / kiosks | Virtual Currency Kiosk Regulation — $2,000/day during a customer's first three days, then $5,000/day; disclosures, fraud warnings, receipts with refund policy, 24/7 customer service line, records, annual location reports; Division of Consumer Protection enforcement with penalties; plus police crypto-investigation training and reporting | HB 72 (2026), new Utah Code ch. 13-82 | Effective 2026-05-06; rules being drafted [S2][S3] |
| DAOs | Utah Decentralized Autonomous Organizations Act (2023), amended 2024 | HB 357 (2023); HB 318 (2024) | In force (2023 bill number from general knowledge) [S7] |
| Private keys | No compelled production of private keys (2024) | HB 118 (2024) | Enacted [S7] |
| Bitcoin reserve | Reserve/treasurer-investment language was stripped from HB 230 before passage (the enrolled bill's highlights list no investment authority, though its general description still mentions it) (drafting discrepancy noted) | HB 230 | — [S1][N1] |
| Tax | No Utah crypto-specific tax rule found (gap) | — | — |
1. Money-transmitter licensing of virtual currency
- Utah Money Transmitter Act, Utah Code Title 7, Chapter 25 (administered by DFI). This check did not locate DFI guidance on whether exchanging or holding Bitcoin for customers needs a licence (gap).
- HB 230 (2025), new Utah Code 7-28-104 "Exemption from money transmission license": these activities "do not require an individual or business to obtain a money transmitter license under Title 7, Chapter 25": (1) operating nodes; (2) developing software on a blockchain protocol; (3) operating a business or decentralized protocol that exchanges one digital asset for another (crypto-to-crypto). [S1]
- HB 72 (2026) defines "virtual currency" for the kiosk chapter as a digital representation of value that "is not money, whether or not denominated in money." [S2]
- CSBS: Utah — Partial MTMA; Utah Code 7-1-103.5 (control, 25% trigger; under 10% presumed no control), Financial Institutions Act, effective 2022-05-04 (SB 183, 2022). [S5][S6]
- 2026 S 173 "Cryptocurrency Amendments" (would have regulated kiosks through the Money Transmitter Act) failed; HB 72 took the consumer-protection route instead. [S7]
2. Virtual-currency-specific statutes
| Law | What it does | Status | Source |
|---|---|---|---|
| HB 357 (2023) | Utah DAO Act | Enacted 2023 (unverified bill number) | — |
| HB 118 (2024) | Protects a person from being compelled to produce a private key | Enacted 2024 | [S7] |
| HB 164 (2024) | UCC: excludes certain digital currencies (CBDC) from "money" | Enacted 2024 | [S7] |
| HB 318 (2024) | DAO Act amendments | Enacted 2024 | [S7] |
| HB 230 (2025) (Rep. Jordan Teuscher; Sen. Kirk Cullimore) | New Utah Code 7-28: defines blockchain, digital asset; government may not restrict accepting or custody of digital assets; right to operate nodes, develop software, transfer assets, stake; money-transmitter exemptions; no stricter noise or zoning limits on industrial-zone miners (10-9a-541, 17-27a-536) | Enacted 2025 | [S1] |
| HB 306 (2025) | Gold-backed digital payment system | Vetoed (NCSL) | [S7] |
| HB 72 (2026) (Rep. Ryan Wilcox; Sen. Brady Brammer) | Kiosks; police training and reporting | Effective 2026-05-06 | [S2] |
| S 298 (2026) | "Programmable money" excluded from UCC "money"; may not require programmable money without a free non-digital alternative | Enacted (NCSL) | [S7] |
| HB 519 (2026) | Unclaimed property — custody of abandoned digital assets | Enacted (NCSL) | [S7] |
| HB 474 (2026) | UCC modifications (hybrid transactions etc.) | "To governor" per NCSL (March 2026) (final unverified) | [S7] |
3. Crypto ATM / kiosk law
HB 72 (2026) — "Criminal Use of Cryptocurrency Amendments" — enacts Utah Code 13-82-101 to -106 ("Virtual Currency Kiosk Regulation") and 53-32 (crypto investigation reporting). Enrolled copy saved. [S2][N2]
- Limits (13-82-102): per customer, across the operator's kiosks: $2,000 per day during the three calendar days after the customer's first transaction; $5,000 per day afterward.
- Disclosures and warnings (13-82-103): fraud warnings; receipts including the operator's refund policy; a toll-free customer-service line "available 24 hours per day, seven days per week."
- Records and law-enforcement cooperation (13-82-104); annual location reports to the Division (13-82-105), with notice within 30 days of changes.
- Enforcement (13-82-106): Division of Consumer Protection — administrative penalties and civil actions; rulemaking.
- The enrolled text read shows no statutory fee cap and no mandatory fraud refund (only disclosure of the operator's policy) (based on keyword search of the enrolled text; verify).
- Law enforcement: specialized cryptocurrency-investigation training for designated officers; agencies report crypto-investigation data to the Commission on Criminal and Juvenile Justice. [S2]
- Division of Consumer Protection: "HB 72 will be enacted on May 6, 2026. After May 6, 2026, the Division will begin drafting administrative rules"; forms and instructions to follow. [S3]
4. Tax treatment
- Utah's flat income tax starts from federal AGI (general knowledge; unverified); no Utah State Tax Commission crypto publication was found (gap).
5. Notable enforcement
- No Utah crypto enforcement action was located in this check (gap).
6. Pending and recently failed bills
The 2026 session is over. Notable failures (NCSL): S 173 (2026) kiosk regulation via the Money Transmitter Act; HJR 27 (2026) encouraging traditional institutions to custody digital assets; HB 163 (2024) extend the Blockchain and Digital Innovation Task Force. [S7]
7. Contested and fringe claims (flagged, not endorsed)
- "Utah dropped its Bitcoin reserve." News reported in March 2025 that Utah's reserve provision was cut from HB 230 before final passage ("This is the latest U.S. state to drop plans for a Strategic Bitcoin Reserve"); NCSL's summary still says HB 230 "authorizes the state treasurer to invest public funds in certain digital assets," matching the enrolled bill's leftover general description. The operative sections read do not include such authority. [S1][S7][N1] Conflicting secondary descriptions — the enrolled text controls.
- Mining protections (no stricter noise or zoning rules) are promoted as "right to mine"; local residents near mines elsewhere have complained of noise (no Utah-specific complaint source read — unverified).
Sources
Saved full copies are in sources/states/ut/.
- [S1] Utah Legislature, HB 230 (2025 General Session), enrolled copy. https://le.utah.gov/Session/2025/bills/enrolled/HB0230.pdf — retrieved 2026-10-09 — saved
ut-2025-hb230-blockchain-digital-innovation-enrolled.pdf; bill page https://le.utah.gov/~2025/bills/static/HB0230.html - [S2] Utah Legislature, HB 72 (2026 General Session), enrolled copy. https://le.utah.gov/Session/2026/bills/enrolled/HB0072.pdf — saved
ut-2026-hb72-criminal-use-of-cryptocurrency-enrolled.pdf; bill page https://le.utah.gov/~2026/bills/static/HB0072.html - [S3] Utah Department of Commerce, Division of Consumer Protection, "Virtual Currency Kiosks" page. https://commerce.utah.gov/dcp/virtual-currency-kiosks — saved
ut-dcp-virtual-currency-kiosks-page.html - [S5] CSBS, MTMA State Enactments (PDF dated 2026-10-08). https://www.csbs.org/sites/default/files/external-link-files/10.8.26%20MTMA%20State%20Enactments.pdf
- [S6] CSBS, MTMA legislative update (August 2026). https://www.csbs.org/mtma-legislative-update-august-2026
- [S7] NCSL, 2024, 2025 and 2026 cryptocurrency legislation pages. https://www.ncsl.org/financial-services/cryptocurrency-digital-or-virtual-currency-and-digital-assets-2026-legislation — read 2026-10-09
- [N1] Yahoo Finance, "This is the latest U.S. state to drop plans for a Strategic Bitcoin Reserve" (headline only). https://finance.yahoo.com/news/latest-u-state-drop-plans-192500492.html
- [N2] Orrick InfoBytes / JD Supra, "Utah enacts cryptocurrency consumer protection and law enforcement training requirements," 2026-04-16 (headline only). https://www.jdsupra.com/legalnews/utah-enacts-cryptocurrency-consumer-3533296