A Beginner Guide for 2024

Getting a grip on NFT taxes can seem tricky at first, but it doesn’t have to be. If you’re involved in buying or selling NFTs, you’ll want to understand NFT tax rates and what they mean for you. Knowing how to calculate NFT taxes is essential for keeping things straight. 

Plus, you’ll need to learn how to report NFT taxes to the IRS properly. Don’t worry; this guide will help you make sense of all the important details.

Key Takeaways:

• NFTs are considered property by the IRS, meaning that transactions involving buying, selling, or trading NFTs can lead to tax obligations.
• Tax rates for NFTs can range from 10% to 37% for short-term gains and 0% to 20% for long-term gains, depending on how long you’ve held them.
• Tax loss harvesting can be a useful strategy to offset gains by selling NFTs that have decreased in value, lowering overall taxable income.

What are NFTs?

NFTs, which stand for Non-Fungible Tokens, are digital items that exist on a blockchain, mostly on Ethereum and Solana. They are generally proof of ownership for digital things like art, collectibles, tweets, gaming items, and other media. 

Different from cryptocurrencies, which are tangible, NFTs are unique. Each NFT has its own specific information and is one-of-a-kind, which makes it different from every other token. Read our complete guide on what is an NFT.

Are NFTs taxable?

NFTs are taxable. They’re seen as “property” by the IRS, meaning they’re taxed like other investments or assets, creating potential tax liabilities. Any time an NFT is sold, traded, or earned, it’s likely to be a taxable event. For instance, when you buy an NFT with cryptocurrency, sell it for profit, or even receive it through an airdrop, the IRS usually treats each of these actions as taxable.

When you sell an NFT, the IRS looks at the difference between the price you paid and the amount you sold it for. This difference is considered either a gain or a loss. 

If you sold it within a year, the gain is taxed at a regular ordinary income tax rate (anywhere from 10% to 37%). But, if you held it for more than a year before selling, you’re taxed at lower capital gains rates, usually between 0% to 20% based on your income bracket.

Buying an NFT with cryptocurrency counts as two taxable transactions. First, you “sold” the crypto to buy the NFT, which might mean paying taxes on any profit from that crypto if it increased in value since you bought it. Then, you’ve also acquired a new asset (the NFT) at a new cost basis.

Again, receiving NFTs as income – for instance, from an airdrop or through a play-to-earn game – triggers a different kind of tax. If you’re an NFT creator, minting and selling NFTs count as income. Each time you sell an NFT or earn royalties on secondary sales, that income is generally taxed at your normal capital assets income tax rate.

So, keeping records of all NFT transactions – sales, purchases, and prices – is essential for accurate tax reporting.

Can NFTs be taxed as collectibles?

NFTs can be taxed as collectibles. Right now, the IRS is looking into whether NFTs should be taxed like collectibles, such as art or antiques. 

If an NFT is classified as a collectible, it might face a higher tax rate on profits, up to 28% for long-term capital gains. To figure this out, the IRS will use what they call a “look-through analysis”. This means the IRS will examine the underlying item or asset tied to the NFT. 

For instance, if the NFT gives ownership rights to a real-world collectible like a painting or a gem, it may be taxed as a collectible. But not all NFTs might fit this category. For example, an NFT representing digital property in a virtual game probably wouldn’t be treated as a collectible.

How are NFTs taxed?

IRS guidance on NFTs

The IRS has now grouped NFTs under “digital assets” for tax purposes. The IRS wants digital assets reported just like a stock or a capital asset, using the new Form 1099-DA, which will be required starting in 2025 for brokers dealing with NFTs and other digital assets. This is aimed at making tax reporting clearer and helping people stay compliant.

As discussed above, if an NFT is tied to something that could be considered a “collectible” (like artwork), it might be taxed differently. Collectibles are usually taxed up to 28% if you hold them for over a year and then sell them at a profit. Currently, they are using a term called “look-through analysis” to categorize NFTs.

NFT taxes for creators

For creators, the IRS looks at different ways NFTs can generate income. Here’s how each of those is generally taxed:

1. Minting NFTs

When a creator mints (or creates) an NFT, it’s not considered taxable right then. But any fees they pay to mint – like blockchain “gas fees” – could be deductible. The tax comes in when the NFT is sold. The sale price, minus any costs, is treated as income.

2. Selling NFTs

When creators sell an NFT, the IRS treats the income as regular business income, especially if selling NFTs is part of their main work. If it’s more of a side project, they may still owe capital gains tax on any profit made, but it depends on how the activity is classified (hobby vs. business).

3. Earning royalties on NFTs

For royalties from NFTs, the IRS hasn’t yet issued specific guidance on how they should be taxed. However, based on general tax rules, royalty income from NFTs is likely treated as ordinary income if you’re consistently creating or selling NFTs as part of a professional activity, similar to other creative work. 

For creators who actively engage in selling NFTs, these royalties would usually be included in the total income and reported on tax returns as self-employment income. This treatment follows the tax approach for business income, which is generally subject to both income tax and potentially self-employment tax.

On the other hand, if a creator is not regularly engaged in NFT sales but instead receives royalties from a one-off sale, that income might be treated as passive income. Passive income from royalties is typically reported on Form Schedule E (Supplemental Income and Loss) rather than as regular business income.

NFT taxes for investors

When an investor sells an NFT for more than they paid, they need to pay tax on the profit. The tax rate depends on how long they held the NFT. If it was less than a year, it’s a “short-term” gain, taxed like regular income (from 10% to 37%). If held longer than a year, it’s “long-term” and taxed between 0% and 20%, depending on income.

In case the NFT is a “collectible”, like some rare art or trading cards, the tax rate can go as high as 28% for long-term gains.

Sales tax when buying NFTs

When you buy NFTs, sales tax can come into play, but it depends on where you live. Some states, like Washington and Michigan, have rules that apply sales tax to NFT sales. If a creator sells NFTs as a business and meets certain thresholds – like selling more than $100,000 or completing over 200 transactions in a year – they usually must collect sales tax from buyers. 

Most states enforce this rule based on a 2018 Supreme Court ruling, meaning businesses don’t need a physical presence in a state to owe sales tax if they meet economic activity thresholds. 

However, buyers typically don’t have to worry about sales tax directly; sellers or platforms like OpenSea should handle it if applicable. As of now, platforms like OpenSea and Rarible don’t track buyer locations, which complicates compliance efforts.

But remember, not all states treat NFTs the same. For example, Michigan does not tax NFTs that represent purely digital goods. If an NFT represents a tangible item (classified as tangible personal property), then it might be taxed.

Capital gains taxes when selling NFTs

Capital gains taxes apply to NFTs in the U.S. when they are sold at a profit. The tax rate depends on how long the NFT was held and possibly its classification. 

• NFTs held for less than a year are taxed at the short-term capital gains rate, which is the same as your income tax rate (10-37%). 
• For NFTs held over a year, long-term capital gains rates apply, typically 0-20% depending on income.

NFT taxes from airdrops

Receiving NFTs through airdrops can also have tax consequences. When you get an NFT for free as part of an airdrop, the IRS expects you to report it as ordinary income. This means you have to count the NFT’s fair market value at the time you receive it as taxable income. 

For example, if you receive an NFT valued at $500, you need to report that amount when filing your taxes. Even if you don’t sell the NFT right away, you still owe tax based on that value.

NFT taxes from play-to-earn games

If you earn NFTs from play-to-earn (P2E) games, those NFTs are also taxable. When you receive an NFT while playing, it counts as income at its fair market value when you get it.

For example, if you earn an NFT worth $300 in a game, you must report that amount as income. If you later sell the NFT for $500, you’ll need to pay capital gains tax on the $200 profit. 

This means you get taxed on the difference between what you sold it for and what it was worth when you first got it. So, playing these games can have tax implications, and it’s important to keep records of when you receive and sell these NFTs to accurately report your income and capital gains.

Taxes on NFT gifts

Gifts have their own set of tax rules. When you give an NFT as a gift, the recipient doesn’t pay taxes immediately. However, if they sell the NFT later, they may owe capital gains tax.

It’s also important to note that if you gift someone an NFT worth more than $18,000 in a year, you might trigger federal gift taxes.

Tax on donating NFTs to charity

When it comes to donating NFTs, the IRS doesn’t treat it as a taxable event. This means you typically don’t have to pay taxes just for giving away an NFT. However, there are some important rules to follow to ensure you can benefit from the tax deductions associated with the donation.

First, the NFT must be held for more than a year. Second, the NFT must be donated to a qualified charity, specifically a 501(c)(3) organization. Plus, you need to donate the NFT directly to the charity. If the NFT is sold at auction and the proceeds go to charity without the NFT first being transferred to the organization, the person who owned the NFT before the sale could owe capital gains tax on any profit made from the auction.

Taxes from NFT gas fees

Gas fees for NFT transactions, such as buying, selling, or minting, are tax-deductible by being added to the NFT’s cost basis. This means that gas fees for acquiring an NFT raise the initial cost basis, effectively lowering the taxable gains when the NFT is eventually sold. 

For instance, if you bought an NFT for $300 with an additional $20 gas fee, the total cost basis becomes $320. Upon selling, only the difference above this amount is taxed.

How to report your NFT taxes?

Here’s how to go through the process step-by-step:

1. Gather Your Transaction Records: Start by collecting all the records of your NFT transactions. This includes anything you bought, sold, traded, or received as airdrops. Note the dates, amounts, and fair market values for each transaction. Using a spreadsheet can help keep everything organized.
2. Know Your Tax Classification: Understand how the IRS views your NFT activities. Are you an artist, a collector, or an investor? If you create and sell NFTs, the income could be treated as ordinary income. If you just sell NFTs from your collection, you will likely deal with capital gains tax.
3. Calculate Your Gains and Losses: If you sold an NFT for more than you bought it, you have a capital gain. To figure this out, subtract what you paid (the cost basis) from the selling price. If you sold it for less, that’s a capital loss. Remember, you can use capital losses to offset your gains and lower your tax bill.
4. Complete the Right Tax Forms: Use IRS Form 1040 to report your income. If you made capital gains from selling NFTs, you’ll need Schedule D to show these transactions. If you create NFTs as a business, you might have to fill out Schedule C to report your business income.
5. Submit Your Tax Return: After checking everything for accuracy, file your tax return. If you owe taxes, make sure to pay them on time to avoid penalties. Keep copies of your tax forms and all supporting documents for your records.

Tax loss harvesting with NFTs

Tax loss harvesting is a useful way to manage taxes by offsetting gains with losses. For NFTs, it means selling NFTs that have lost value to lower your overall taxable income. In the U.S., you can use capital losses to reduce capital gains, which helps lower your tax bill.

Here are some steps to follow for NFT tax loss harvesting:

• Find NFTs That Lost Value: First, look through your NFT collection. Identify which NFTs have dropped significantly in value. Focus on selling those that you think won’t bounce back.
• Sell or Swap: Once you identify these NFTs, sell them on a marketplace, even if it’s for a small amount. Selling them creates a “realized loss”, which you can use for tax purposes. Make sure your transactions are with a third party to keep everything above board.
• Consider Burning NFTs: If an NFT has no value left in the market, you might consider “burning” it. This means sending it to a wallet where it can’t be accessed again. Burning can also realize your loss without needing to sell.

How to reduce NFT taxes?

There are various strategies to lower your NFT taxes. Here are some effective options:

• Long-Term Holding: If you hold an NFT for over a year before selling it, you could benefit from lower long-term capital gains tax rates. These rates range from 0% to 20%, depending on your income. This is typically more advantageous than the higher tax rates for short-term capital gains.
• Offset Gains with Losses: You can use losses from NFT sales to offset gains from other investments.
• Be Aware of Your Tax Bracket: Knowing your tax bracket helps you decide the best time to realize gains or losses. If you’re in a lower tax bracket, you might find it beneficial to act sooner rather than later.
• Donating NFTs for Tax Benefits: Donating NFTs to a qualified 501(c)(3) organization can also lead to tax savings. When you donate an NFT, it may result in a realized loss or gain. If you itemize deductions, you can deduct the fair market value of the NFT from your income. You can deduct up to 30% or 50% of your adjusted gross income, depending on the organization.

Conclusion

In a nutshell, understanding NFT taxes is important for anyone buying, selling, or creating NFTs. Since the IRS sees NFTs as property, every transaction can affect your taxes. Whenever you trade or earn NFTs, you should keep good records of what you did. Knowing the tax rules can help you make better decisions.

Remember to consult a tax professional if you’re unsure about anything. With the right information, managing your NFT taxes can be easier.

FAQs

Do I have to report NFTs on my tax return?

Yes, reporting NFTs on your tax return is necessary. The IRS treats NFTs like property, similar to stocks or real estate. If you sell an NFT for more than you paid, you must report that profit. Also, if you get NFTs as gifts or airdrops, you need to report their value when you receive them. Not reporting your NFT transactions could lead to penalties from the IRS.

How can I avoid tax on NFTs?

Avoiding taxes on NFTs is not suggested, but you can lower your tax bill. One way is to hold an NFT for over a year before selling it. This can get you lower capital gains tax rates, usually between 0% and 20%. Another option is to offset any gains with losses from other investments. Donating NFTs to a qualified charity can also help you get tax deductions.

What is the NFT tax loophole?

The “NFT tax loophole” usually refers to ways people might reduce their tax obligations. For example, some sell NFTs that have lost value to realize a loss, which can offset gains on other sales.

How much are NFTs taxed?

NFTs are taxed based on how long you hold them. If you sell an NFT within a year, you pay taxes at your regular income tax rates, which can be from 10% to 37%. For NFTs held for over a year, long-term capital gains rates apply, usually between 0% and 20%. Sometimes, if NFTs are seen as collectibles, they may face higher tax rates of up to 28%.

Do you have to pay taxes on NFT sales?

Absolutely, you need to pay NFT sales tax. When you sell an NFT for more than you bought it, the profit is a capital gain, and it is taxable.

How to calculate NFT taxes?

Calculating NFT taxes can be done in a few steps. Start by knowing the cost basis, which is what you paid for the NFT. When you sell it, subtract the cost basis from the sale price to find your gain or loss. If you receive NFTs as income, their fair market value when received counts as income. 

Keep detailed records of all your transactions to help with tax reporting. Finally, report your gains or losses on IRS Form 1040, using Schedule D for capital gains and losses.