It’s one of the trendiest areas of cryptocurrency right now, and the US government wants a piece of the action. According to tax experts, investors and inventors of nonfungible tokens — a market that has grown to $44 billion, according to Chainalysis statistics, and attracted celebrities such as Justin Bieber and Melania Trump – face huge amounts of money in taxes including rates as high as 37 percent. Officials with the Internal Revenue Service who work with tax evaders claim they’re preparing for a raid.
It Was Meant To Be
Crypto’s next wake-up call from Washington, as authorities throughout the US government put their sights on the budding sector, is the shocks lurking for NFT fans when tax reporting season begins this month. Because the regulations for taxing tokens are unclear, NFT collectors are trying to figure out what else they owe. Investors may not know they owe any taxes or that they need to file over once a year, raising their chances of facing fines in the future.
“You don’t get to not disclose profits and losses so because IRS hasn’t provided advice that satisfies your expectations,” said tax lawyer James Creech of San Francisco. “The more difficult it is for individuals to reach a fair — or, better still, a correct — conclusion, the simpler it is to dismiss it.” NFTs have gotten a lot of attention as digital art representations, and they’re expected to be a big component of the so-called metaverse, which tech giants like Mark Zuckerberg believe represents the Internet’s future. Because the currencies are digital proofs of validity that cannot be duplicated, their value might rise.
A Little Price To Pay
Last year, token sales exploded, with NFTs like CryptoPunk #3100, which portrays an alien wearing a headband, trading for $7.7 million following going on sale for $2,000 in mid-2017. The visual artist Mike Winkelmann, popularly known as Beeple, sold his work “Every day’s: the First 5000 Days” for a staggering $69.3 million. It’s tough to distinguish cryptocurrencies from more traditional assets, as it is with so much in the cryptocurrency market, and regulators, including the IRS, are unsure how to regulate them. Most tax experts believe that when a producer distributes an NFT on a network such OpenSea or Raible, the revenues should be deemed ordinary income and liable to a rate of up to 37 percent. If they bought the tokens with another cryptocurrency, they will have to pay capital gains taxes when they sell them.
The regulations are a little hazier after that. There is debate as to whether tokens must be taxed similarly to art “collectables,” which are subject to a long-term investment income rate of up to 28%. In comparison, most cryptocurrencies and equities have a 20% return. President Joe Biden signed an infrastructure bill into law last year that will make it more difficult for people to escape digital content, however, the Treasury Department hasn’t specified whether this covers NFTs.
It’s difficult to predict how so much tax is owing, but experts like Arthur Teller, CEO of TokenTax, believe the overall NFT tax bill might be in the billions of dollars. According to Zac McClure, co-founder of TokenTax, some consumers aren’t aware they owe money quarterly & may already be facing penalties for completing an annual report. Others, according to Shehan Chandrasekera, head of the tax strategy at CoinTracker, are likely unaware of any reporting obligations. With so much money on the line, the IRS will almost certainly be obliged to explain the regulations, but it may start by auditing individuals, according to Michael Desmond, a former IRS general counsel who became a partner at Gibson, Dunn & Crutcher. Investigators at the Internal Revenue Service are bracing for a possible rise in cases as early as this year.
“We’ll certainly see an inflow of possible NFT kind evading taxes, or other virtual currencies tax evasion cases coming through,” said Jarod Koopman, the IRS’s criminal investigation division’s acting executive director of cyber & forensic services. In the meanwhile, NFT fans should expect a lot more documentation.