Money & tax
NFT taxes, explained without the hand-waving
Most NFT tax confusion comes from one under-appreciated fact: paying for something with cryptocurrency is itself a disposal of that cryptocurrency. This covers what triggers tax, how cost basis works, why holding period is the biggest lever you control, and the records to keep from day one.
By Brett Malinowski Published 14 min read
Tax is the part of this subject people postpone until it’s difficult. It doesn’t become easier with time — it becomes a weekend spent reconstructing historic token prices from a block explorer.
This is the general shape of the problem, framed around US federal treatment because that’s where rules are clearest and most searched. It isn’t tax advice. Rules vary enormously between countries and the treatment of digital assets is still evolving. If real money is involved, speak to a professional.
What triggers tax on an NFT?
The word that matters is disposal. You generally owe tax when you dispose of an asset, not when you acquire one or while you hold it.
Generally taxable:
- Selling an NFT for cryptocurrency or cash
- Swapping one NFT for another
- Using an NFT to pay for something
- Paying for an NFT with cryptocurrency you’ve held — see below
- Receiving royalty income
- Receiving an NFT as payment for work
Generally not taxable:
- Buying and holding
- Minting your own work (though creators may face income treatment on primary sales)
- Moving assets between wallets you control
- Watching something you hold fall in value
Why does buying an NFT with crypto create a taxable event?
This one deserves its own section because it surprises people every year.
You bought 2 ETH in 2023 for $3,000. In 2026 that ETH is worth $9,000, and you use 1 ETH of it to buy an NFT.
You haven’t sold anything. You didn’t receive any cash. But in most jurisdictions, spending appreciated cryptocurrency is a disposal of that cryptocurrency. You disposed of 1 ETH with a basis of roughly $1,500 at a value of roughly $4,500, and you’ve realised a gain of about $3,000 — in a year where no money arrived in your bank account.
This is why “I only bought, I never sold” isn’t a defence, and why records from your first transaction matter rather than your first sale.
How do you work out cost basis on an NFT?
Your basis is what you paid plus what it cost you to acquire. For an NFT:
- The purchase price, in local currency at the moment of purchase
- Gas paid on the purchase
- Any marketplace fee you paid as buyer
Your gain is proceeds minus basis, where proceeds are what you received minus the costs of disposal — gas, marketplace fee, and any royalty you paid on exit.
Forgetting acquisition and disposal costs is the most common error, and it always runs against you: it overstates the gain and overpays the tax. On a trade with $40 of gas on each side and a 2.5% marketplace fee, the difference isn’t trivial.
The profit calculator works out the economic position, and the tax estimator gives a rough figure from it.
How does holding period change what you owe?
In the US, the distinction is stark:
| Holding period | Treatment | Rates |
|---|---|---|
| One year or less | Short-term | Ordinary income rates, 10%–37% |
| More than one year | Long-term | 0%, 15% or 20% |
On a $20,000 gain for someone in the 24% bracket, that’s roughly $4,800 versus $3,000. On a larger gain the gap widens further.
Nothing else in this calculation is worth as much as time, where time is available to you. If a disposal is discretionary and you’re close to the one-year mark, that’s worth knowing before you sell rather than after.
Are NFTs taxed as collectibles?
There’s an additional wrinkle. The IRS has indicated that some NFTs may be treated as collectibles, which caps the long-term rate at 28% rather than 20%. Whether a particular token falls into that category depends on what it actually represents, and the position isn’t fully settled.
This is unsettled law rather than a detail. If a material sum is involved, it’s a question for a professional.
What records do you need to keep?
For every transaction, record:
- Date and time
- What moved — asset, quantity, contract address
- Local-currency value at that moment — not now
- Fees — gas and marketplace, separately
- Transaction hash
- Which wallet — particularly if you use several
That third item is the one that causes the pain. The blockchain records that you sent 0.8 ETH on a particular date. It doesn’t record what ETH was worth that day. Reconstructing that across sixty transactions, a year later, from historical price data, is the work nobody budgets for.
Ten seconds at the time. A weekend afterwards. The arithmetic favours doing it at the time.
Can you claim a loss on an NFT?
If you dispose of an NFT for less than your basis, you’ve a capital loss, which can generally offset capital gains elsewhere in the same year, with limited deductibility against ordinary income and the remainder carried forward.
The practical difficulty is specific to this asset class: you usually have to sell to realise a loss, and illiquid NFTs may have no buyer at any price. An asset that has fallen to effectively zero but can’t be sold isn’t automatically a deductible loss, which is a awkward position that a great many people are now in. There are approaches, they vary by jurisdiction, and this is a situation to take to a professional rather than improvise.
How are NFT creators taxed?
Creator treatment differs from collector treatment in a way that matters:
- Primary sales may be ordinary income rather than capital gains, particularly if minting and selling is a business rather than an investment activity.
- Royalty income is generally ordinary income, taxed as received.
- Minting costs — gas, storage, tooling — may be deductible business expenses if this is a business.
- Self-employment tax may apply where it’s a business.
The line between hobby and business affects all of the above and is fact-dependent. Worth establishing early rather than at filing.
When should you get professional help?
Consider professional advice if any of these apply:
- Total gains or losses are material to you
- You’ve many transactions across multiple wallets or chains
- You’re a creator with meaningful primary or royalty income
- You hold assets that are worthless but unsellable
- You’re outside the US, where treatment may differ substantially
Crypto tax software can reconstruct much of this from wallet addresses, which is far better than doing it by hand, though it still requires review, because these tools frequently mislabel transfers between your own wallets as disposals.
Whatever else you do: start recording now. It’s the one part of this that gets strictly harder the longer it’s left.
Common questions
Is buying an NFT a taxable event?
Is minting an NFT taxable?
What is cost basis?
How is holding period calculated?
What if my NFT is now worthless?
Do I owe tax on royalty income?
Sources