NFT Tax Guide: What you need to know on how your NFTs will be taxed

November 13, 2022

NFT’s, non-fungible tokens, probably already heard of them, it’s a word that has officially made its way into the dictionary and more than ...

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What is NFTs Tax?

So first thing, first what is NFTs Tax? In this emerging marketplace economy there are many new things to understand and NFT tax is another one of them. As an NFT is a unique digital asset, once one has purchased or invested in one most likely the taxation on them will be similar to assets off of the blockchain. Assets are assets and will be considered taxable. One needs to inform oneself so that one’s business complies with taxation regulations. 

Existing IRS Guidance Applicable to Cryptocurrency Extended to NFTs

For the moment, the Internal Revenue Service (IRS) has not yet published specific federal income tax recommendations advising how NFT transactions should be taxed. Namely you are taxed at regular income tax levels.  However, they do see that there is a two-step transaction in place. The first part being when you sell crypto which is seen as a capital gains transaction and the second part being buying an NFT using the earnings from that sale.

What NFT Transactions are Taxable? 

  • Trading NFTs 
  • Selling an NFT you created is a taxable and any proceeds are income
  • Buying an NFT using Cryptocurrencies

NFT taxes for investors 

  •  Taxation will be similar to “traditional” capital assets (stocks, real estate..etc)

NFT taxes for creators 

  • minting (creating) an NFT is NOT taxable
  • transactions involving the sale of newly minted NFTs by the creator are taxable. 
  • Regular rates apply to income generated by self-employed creators.

What is the capital gains tax rate for NFTs? 

Capital gains tax in general is defined as the tax paid by an investor when they sell an asset. It is based on the amount the asset has gained in value (apppreciated) during the time it was held. 

When it comes to NFTs, the capital gains tax rate, at least by the IRS, has been set to be  taxed the same way as cryptocurrencies and stablecoins. 

How do I pay taxes on an NFT?

 For the time being the IRS in the US has extended the guidance that is used for Cryptocurrency to NFTs as well. In other countries the legislation may vary. As currently the tax laws related to NFT taxation will continue to evolve it is important to review transactions and be advised by a tax advisor. 

Recent Tax Legislation Concerning NFTs 

In the second half of 2022 the IRS has updated their taxation guidelines, by changing the term "virtual currency" to "digital assets," which explicitly includes NFTs. in addition, the ORS has been granted the authority to question a bank regarding taxpayers that may have not paid crypto transactions.

In April 2022, India introduced a new Finance Act which includes new terms coined Virtual Digital Assets (VDA), which includes NFTs. Their regulations state the earnings from the sale of NFTs should be taxed at 30% and only the acquisition cost can be deducted for example

Conclusions 

Though legislation on NFT taxation is not yet fixed, cryptocurrency is not treated the same as non-digital forms of fungible currency (e.g., Euros), instead it’s treated more like owning stock or land. 

Countries’ governments across the globe are working on regulating the NFT market in terms of imposing taxes on NFT sales and transactions. Each country is deciding on how they want the taxations to work, although many are hoping for a global tax solution when it comes to NFTs. However at the moment all is still quite dynamic and one therefore needs to continually stay informed as regulations develop.

FAQ's

Are NFTs taxable?

Minting (creating) an NFT is not a taxable event, but transactions involving the sale of newly minted NFTs by the creator are taxable. 

Do you have to pay tax on NFT?

Yes, the NFT will be subject to sales tax and the tax will be collected just like any other tax.

How are NFT sales taxed?

This is a bit more complicated, as the taxation is based on the sale of the cryptocurrency so the tax depends on the gain or loss you make on the transaction.  

How do I avoid taxes with NFTs?

Donating an NFT is not a taxable event.