NFT Tax Loss Harvesting in 2024: Tax Saving Tips (2024)

NFT tax loss harvesting

Finding the best opportunities for NFT tax loss harvesting is more difficult. Because each NFT is unique, there isn’t a known fair market value for each one. This makes it hard to pinpoint which NFTs would realize the largest losses.

However, services and software are emerging to tackle the problem. For NFT fine art, professional third-party appraisals are provided by a growing number of art appraisers who are familiar with the crypto asset class.

Meanwhile, automated solutions are popping up for popular NFT collections like Bored Ape Yacht Club, CryptoKitties, or NBA TopShots. These use blockchain data to track the sale prices of NFTs, so price predictions are up-to-date with market conditions. While each service’s methodology is unique, most analyze factors including:

  • Sale prices: Naturally, an NFT’s past sales prices, especially recent sales prices, will play a large role in predicting what it could currently fetch on the market .

  • Floor price: This refers to the lowest listed price of an NFT in the same collection

  • Rarity: NFTs that are part of a collection typically have traits of certain categories, some of which are rarer than others. The rarer an NFT’s combination of traits are, the higher it will be valued.

Best NFT tax loss harvesting tools

Several companies have emerged to capitalize on the NFT market to support crypto traders to harvest NFT losses and reduce their crypto taxes:

Realizing a loss on an NFT

To use losses to offset crypto gains, you need to realize the loss by selling, swapping, or otherwise disposing of the asset. Between NFT rug pulls and failed projects, it’s not uncommon for an investor to hold assets that can’t easily be sold. So, what can traders do?

Your goal should be to trade the asset in an arm’s length transaction. This means that each party acts independently in their own self-interest, without pressure from the other party.

For example, selling an NFT on OpenSea for 0.01 ETH to someone you don’t know would be considered an arm’s length transaction.

Donating NFTsfor tax deductions

Another way to get tax savings is to donate to a 501(c)(3) organization. An NFT donation realizes a loss or gain, and the fair market value of the asset can be deducted if you are itemizing deductions (up to 30% or 50% of your income, depending on the type of organization you’re donating to).

NFT donation example

If you bought an NFT artwork for $30,000 of ETH and then donated it to a museum when the digital asset was valued at $100,000, you would not only not be taxed on the $70,000 gain, but you could also deduct the fair market value of the NFT ($100,000) if you reported itemized deductions, provided you had the necessary documentation and the sum didn’t exceed the income threshold.

However, be aware of three requirements if you plan to reduce your crypto taxes by deducting NFT donations:

  1. If you donate a short-term asset, you may only deduct the NFT’s cost basis. In this example, that would be $30,000.

  2. The IRS requires documentation of your donation and the amount of required documentation increases as the worth of your donation increases. If the asset’s fair market value exceeds $5,000, you will need a qualified appraisal of the NFT, which can be difficult to find.

  3. You must donate the NFT directly to the 501(c)(3) organization to defer tax on the $70,000 gain. If you sell an NFT and donate the proceeds to the organization, you are still liable for capital gains taxes on the sale of the NFT, though you would still be eligible for a $100,000 itemized deduction.

How TokenTax helps with NFT tax loss harvesting

If you’re using crypto tax software, it’s relatively simple to identify opportunities for fungible crypto tax loss harvesting.

For example, TokenTax provides a tax loss harvesting dashboard that displays the assets you’re holding at a loss, as well as the amount of the loss.

Software accomplishes this by pulling in exchange data, updating coins’ fair market values in real time and subtracting from them their cost basis so traders can gauge how large their loss would be.

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NFT tax loss harvesting FAQs

Here are answers to frequently asked questions about NFT tax loss harvesting.

Can I sell an NFT to myself to realize a loss?

No. Once again, for an arm’s length transaction to occur, there needs to be two parties acting independently. “Selling” an asset to yourself does not fulfill these criteria.

Can I sell an NFT to my friend to realize a loss?

If the only reason your friend is purchasing a worthless NFT from you is so that you can claim the loss on your taxes, you are not completing an arm’s length transaction; your friend is not acting independently of your wishes. We do not recommend this strategy for NFT tax loss harvesting.

Can I claim my worthless NFT as a casualty or theft loss?

The Tax Cuts and Jobs Act of 2017 eliminated casualty and theft loss deductions in all cases except federally-recognized disasters. NFT rug pulls, scams, or failed projects do not meet this criteria, so no, you cannot claim worthless NFTs as a casualty or theft loss.

Can you deduct losses from NFTs?

Yes, you can typically deduct losses from NFTs for tax purposes. NFT tax loss harvesting involves strategically selling NFT assets at a loss to offset capital gains. This practice can be especially helpful in crypto when certain NFTs are illiquid and a challenge to sell.

Does burning an NFT count as a tax loss?

The IRS has not provided guidance suggesting that transferring a token to a burn address results in a realized loss, so we do not recommend this approach. We recommend exploring legitimate methods such as selling, swapping, or donating NFTs to manage losses for tax purposes. Transparent and arms-length transactions are crucial for compliance, ensuring that both parties act independently and in their own self-interest.

Can I tax harvest crypto losses?

Yes, US taxpayers can engage in tax harvesting of crypto losses. Tax loss harvesting involves realizing investment losses to offset capital gains and reduce taxable income. In the context of cryptocurrencies, including NFTs, traders can strategically sell assets at a loss to counterbalance gains. This practice is particularly useful in the volatile crypto market, where assets may fluctuate significantly in value. Investors may be able to optimize their overall tax liability by carefully managing losses.

Can I get money back from crypto losses?

While you can't directly get money back from crypto losses, you may be able to use losses to offset taxable gains and potentially reduce your overall tax liability. The process involves realizing losses on crypto investments, such as NFTs, and using those losses to offset capital gains. When in doubt, consult a crypto tax professional for guidance and to plan an effective and legal crypto tax strategy.

NFT Tax Loss Harvesting in 2024: Tax Saving Tips (2024)

FAQs

NFT Tax Loss Harvesting in 2024: Tax Saving Tips? ›

Tax loss harvesting with NFTs

Can you write off NFT losses? ›

Gains and losses from NFT sales are taxable, and the tax rate depends on how long the NFT was held and the taxpayer's total capital income. Losses from NFT sales can typically be deducted to offset capital gains.

Does tax-loss harvesting actually save money? ›

There are immediate benefits of tax-loss harvesting, such as lowering your tax bill for the year. However, more important are the medium- to long-term payoffs that you can get if you invest the money you freed up in something better. If you do decide to sell, deploy the proceeds thoughtfully.

How to harvest NFT losses? ›

  1. Connect. your wallet.
  2. Select the NFT. you wish to sell.
  3. Sell your NFT & receive 0.00000001 ETH in return.
  4. Claim the capital loss. on your tax return.

The NFT Loss Harvestooor

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Are NFTs taxed at 28%? ›

Under the recent IRS guidance, certain NFTs may be classified as collectibles depending on their nature and the underlying asset they represent. If an NFT is deemed a collectible and held for more than a year, it's subject to a 28% long-term capital gains rate, higher than the standard rate for other long-term assets.

How much crypto losses can you write off? ›

This deduction is limited to $3,000 each year, or $1,500 if you are married filing separately. Losses above $3,000 will be separated back into short-term and long-term, and they will be carried over into the next tax year. Those losses are then netted against the following year's gains until they get used up.

Who should not use tax-loss harvesting? ›

The biggest reason not to tax loss harvest is if you won't be able to get a loss out of it anyway. This often happens if you perform what is called a “wash sale.” A wash sale is when you buy the shares back within 30 days (before or after) the date you sell them.

How do you maximize tax-loss harvesting? ›

The three steps in the tax-loss harvesting process are: 1) Sell securities that have lost value; 2) Use the capital loss to offset capital gains on other sales; 3) Replace the exited investments with similar (but not too similar) investments to maintain the desired investment exposure.

What is the tax rule for NFT? ›

Do you pay tax on NFTs? Yes, NFT or non-fungible token is considered to be a virtual digital asset as per provision of section 2(47) of the Income Tax Act. Thus accordingly, any sale of virtual digital assets is subject to tax @ 30% as per provision of section 115BBH.

How to write off NFT losses? ›

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. Manually tracking this information for tax purposes can be difficult.

Why is NFT losing value? ›

This oversaturation not only diminished the uniqueness of individual tokens but also made it more difficult for great projects to stand out from the crowd. Another key factor that is contributing to the decline in NFT values is the lack of intrinsic value in many digital assets.

How do people profit off of NFTs? ›

Renting NFTs to others for use in games or niche platforms can also generate income. Participating in play-to-earn (P2E) NFT games allows you to earn and sell in-game NFT items. Additionally, you can earn royalties by including code in NFT smart contracts that pay you a percentage of future sales.

Can an NFT be a business expense? ›

Since NFTs are usually purchased with cryptocurrency, creators will need to keep records of the fair value in U.S. dollars of that currency on the day of sale. If your client creates NFTs as a business, they can deduct the expense of creating and minting their NFTs from their taxable income.

Do I have to report crypto losses to the IRS? ›

You must report income, gain, or loss from all taxable transactions involving virtual currency on your Federal income tax return for the taxable year of the transaction, regardless of the amount or whether you receive a payee statement or information return.

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