You spent 0.5 ETH minting a PFP collection. Six months later, you sell one for 10 ETH. Nice profit! But now the IRS wants to know about it. Here's exactly how NFT taxation works.
The Basic Rule: NFTs Are Property
The IRS treats NFTs the same way as other crypto assets — as property. This means:
- Profits are capital gains
- Losses are capital losses
- Holding period matters — long-term vs. short-term
The NFT Tax Formula
Capital Gain/Loss = Sale Price - Cost Basis
Cost basis includes: mint price + gas fees + any purchase price
NFT Cost Basis: What's Included?
Your cost basis in an NFT includes everything you paid to acquire it:
- Purchase price — What you paid (in USD at time)
- Mint price — For directly minted NFTs
- Gas/transaction fees — Network fees to mint/transfer
- Platform fees — OpenSea, Magic Eden, etc.
Short-Term vs. Long-Term Gains
Short-Term
Held less than 1 year
Up to 37%
Your ordinary income tax rate
Long-Term
Held more than 1 year
0% / 15% / 20%
Preferential capital gains rates
Minting NFTs: Tax Implications
Minting (creating) an NFT has different tax treatment depending on your intent:
As a Creator (Artist)
If you're creating and selling NFTs as a business:
- Primary sales — Ordinary income (like selling a product)
- Deduct expenses — Gas, tools, marketing
- Quarterly estimated taxes — Required if substantial income
As an Investor
If you're minting to flip:
- Mint price — Your cost basis
- Sale price - mint price — Capital gain/loss
- Gas fees — Added to cost basis
NFT Royalties: How They're Taxed
Good News: Deductible Expenses!
Royalties you pay to creators are deductible business expenseswhen you sell an NFT on a secondary market. This reduces your taxable gain.
Example: Sell NFT for 10 ETH (~$20,000), pay 5% royalty (1 ETH = ~$2,000)
- Sale proceeds: $20,000
- Less royalty paid: -$2,000
- Less cost basis: -$1,000
- Taxable gain: $18,000
Burning NFTs
Burning (destroying) an NFT is a taxable disposal. You're effectively selling it to nobody, so:
- Calculate gain/loss as if you sold it
- Use the last known FMV as sale price
- Can create capital loss to offset gains
Fractionalized NFTs
When you fractionalize an NFT (split into tokens):
- Original NFT — Disposed at FMV = taxable event
- Fraction tokens — Cost basis = pro-rated original basis
- Trading fractions — Each trade is taxable
NFT Wash Sales?
⚠️ Grey Area
The wash sale rule (preventing loss claims on quick repurchases) technically applies to securities. NFTs are in a grey zone. If you're harvesting NFT losses, document your methodology and may wish to wait 31+ days before repurchasing the same collection.
Tracking NFT Transactions
For every NFT transaction, track:
- Date/time — Exact timestamp
- Token ID — Unique identifier
- Collection name — For your records
- Price paid/received — In both crypto and USD
- Gas/fees — Added to cost basis
- Platform — Where the transaction occurred
How Arthur Labs Handles NFTs
- NFT transaction parsing across Ethereum, Solana, Polygon
- Cost basis calculation including gas and fees
- Royalty expense tracking
- Mint vs. flip classification
- Burn detection and taxable event calculation
Don't Lose Sleep Over NFT Taxes
We track your NFT transactions and calculate gains/losses automatically.
Scan Your Wallet →Disclaimer: This article is for educational purposes only. NFT taxation can be complex — consult a qualified tax professional.