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6 NFT Tax Loopholes: Investor’s Guide 2022

6 NFT Tax Loopholes: Investor’s Guide 2022

Looking for simple strategies that can help you save money on your NFT taxes? 

While tax evasion is never a good idea, there are a few simple steps you can take to save thousands of dollars on your tax bill legally. Let’s cover 6 NFT tax loopholes that you can get started with today. 

How are NFTs taxed? 

Like other crypto-assets, NFTs are subject to ordinary income and capital gains tax. 

Capital gains tax: When you dispose of an NFT, you’ll recognize a capital gain or loss depending on how the price of your NFT has changed since you originally received it. Selling an NFT or trading it for another NFT falls into this category. 

Ordinary income tax: When you earn cryptocurrency or an NFT, you’ll recognize ordinary income based on its fair market value at the time of receipt. Earning an NFT airdrop or receiving income from an NFT you created falls into this category. 

For more information, check out our ultimate guide to NFT taxes blog, or our complete video below.

Are NFTs designed for tax evasion? 

Critics of NFTs often claim that they are designed for tax evasion. This is blatantly false. 

Transactions on blockchains like Ethereum are publicly visible and permanent. In the past, the IRS has worked with contractors like Chainalysis to analyze the blockchain, identify ‘anonymous’ wallets, and crack down on tax fraud. 

6 NFT tax loopholes 

Let’s go through 6 NFT tax loopholes that can help you save thousands of dollars. 

Buy your NFTs with fiat currency 

Using cryptocurrency to purchase an NFT is considered a taxable crypto-to-crypto swap. If your coins have increased in value since you originally received them, you’ll be required to pay capital gains tax. 

Buying NFTs with Fiat to reduce taxes

On the other hand, buying NFTs with fiat currency is considered non-taxable. Since you are not ‘disposing’ of property, you are not responsible for any taxes. 

Alternatively, buying NFTs with depreciated cryptocurrency comes with tax benefits. This would be considered a capital loss, which can be used to offset any capital gains you have for the year. 

Track relevant fees 

Fees directly related to acquiring/disposing of your NFT can reduce your capital gains tax. 

Remember, your capital gains are calculated through the following formula. 

Capital gains tax NFT calculation

Fees related to acquiring your NFT can be added to your cost basis. 

Capital gains taxes with NFTs

Fees related to disposing of your NFTs can be subtracted from your gross proceeds. 

NFT fees and taxes

Hold your NFTs for the long-term 

The easiest way to save money on NFT taxes is to hold for the long-term. 

If you dispose of NFTs and other assets after less than 12 months of holding, they’ll be taxed at typical income tax rates, which range from 10-37%. 

Your tax bill is significantly reduced if you sell your assets after more than 12 months of holding. The long-term capital gains tax rate ranges from 0-20%. 

However, there are some situations where your NFTs may be considered ‘collectibles’, which are taxed at a 28% rate when they are disposed of after more than 12 months of holding. 

It’s likely that profile pic NFTs, art NFTs, and trading card NFTs will fall into this category. 

Remember, your tax bill won’t increase if you sell your collectibles after a year. In this case, you’ll pay whichever is lower — your short-term capital gains tax rate or the 28% tax on collectibles. 

Dispose of your NFT in a low-income year

Remember, the tax rate you pay on your NFTs and cryptocurrency varies depending on your income for the year. Generally, the higher your income, the more taxes you pay. 

To reduce their tax bill, investors often choose to dispose of their NFTs in years where their income is low. For example, you can potentially reduce your tax bill by selling your NFTs when you are in-between jobs or in college full-time.

For more information, check out our guide to how cryptocurrency fees are taxed

Harvest NFT losses 

Do you have NFTs that are currently trading at a loss? While losing money on NFT trades is never the goal, capital losses do come with tax benefits. 

Capital losses can offset all of your capital gains from cryptocurrencies, stocks, and other assets. In addition, your losses can offset up to $3,000 of income for the year. Any additional losses can be rolled forward into future tax years. 

NFT losses tax writeoff

At this time, most tax professionals agree that NFTs and other crypto-assets are not subject to the wash sale rule. While you are not allowed to claim losses on stocks and securities you’ve sold within 30 days of a sale, these same restrictions likely don’t currently apply to NFTs. 

Give an NFT as a gift 

NFT gifts to friends and family members are non-taxable for all but the most generous gifters — those who give more than $12.06 million worth of gifts during their lifetime. 

If your NFT is worth more than $16,000 at the time of the gift, you are required to fill out a gift tax return. This form is primarily for informational purposes and doesn’t come with an associated tax liability. 

Receiving an NFT as a gift is not considered a taxable event for the recipient. However, it’s important to keep careful records of the fair market value of the NFT at the time of the gift and the gifter’s original cost basis. This can help the recipient calculate taxes in the case of a future disposal. 

For more information, check out our guide to crypto-asset gift taxes

The easiest way to file your NFT taxes 

Capital gains and losses from NFTs and cryptocurrencies should be reported on Form 8949, then included on Schedule D. 

To report your NFT transactions on your tax return, you’ll need the following information. 

  • A description of the NFT 
  • The date you received your NFT 
  • The date you disposed of your NFT 
  • The fair market value of your NFT at the time of receipt 
  • The fair market value of your NFT at the time of disposal 
  • Relevant fees for receipt and disposal of your NFTs 

Manually tracking this information for tax purposes can be difficult. Crypto tax software like CoinLedger can help. 


With CoinLedger, there’s no need to keep a spreadsheet detailing all of your NFT transactions. Just enter your ETH wallet address and let the platform do the calculations for you. 

Get started with a free account today

Frequently asked questions 

Do I have to pay tax on my NFT? 

Yes. NFTs are considered a form of property and can be subject to income and capital gains tax. 

Do you pay taxes when you buy an NFT? 

When you buy an NFT with cryptocurrency, you will incur a capital gain or loss depending on how the price of your crypto has changed since you originally received it. 

How do I avoid NFT taxes? 

While there’s no legal way to evade taxes on NFTs, strategies like tax-loss harvesting can help you reduce your tax bill. 

How much do NFTs get taxed? 

Depending on your income bracket, NFT disposals can be taxed between 0-37%. 

Can I write off my NFT losses? 

Yes. Losses from NFT disposals can be used to offset capital gains from NFTs, cryptocurrencies, stocks and other assets. 

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