What is NFT Taxation?
Tax rules for creating, buying, selling, and trading Non-Fungible Tokens, which may be treated as collectibles by the IRS.
Definition
NFT (Non-Fungible Token) taxation covers the tax treatment of creating, buying, selling, and trading digital assets that represent ownership of unique items. The IRS may treat NFTs as collectibles subject to a higher 28% capital gains rate (vs. the standard 20% maximum for other capital assets). Creators who sell NFTs report ordinary income; buyers who resell report capital gains. Exchanging one NFT for another is also a taxable event. Royalties earned from NFT secondary sales are ordinary income.
Who Needs to Know This?
NFT creators, collectors, and traders, including US expats involved in the global NFT marketplace.
Key Deadline
Reported on annual tax return for the year of each transaction
Potential Penalties
Standard accuracy-related penalties; potential collectible tax rate applies
Related Forms
Common Mistakes to Avoid
- 1Not reporting NFT sales as taxable events
- 2Creators not reporting mint revenue as ordinary income
- 3Not understanding the potential 28% collectibles tax rate
- 4Ignoring royalty income from secondary sales
Related Terms
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