I attended some NFT-focused sessions at LA Tech Week 2025 (October 13-19), and I need to share what I learned about NFT accounting because it’s MORE complicated than I thought. Several of my clients are now involved with NFTs - creating them, selling them, or even using them in business operations.
The NFT Explosion: Not Just Digital Art Anymore
What I saw at LA Tech Week:
- NFTs for supply chain verification (pharmaceutical tracking)
- Event tickets as NFTs (resale royalties embedded)
- Real estate fractional ownership via NFTs
- Brand loyalty programs using NFT memberships
- Game assets (in-game items as tradeable NFTs)
Translation: NFTs are moving from “digital art speculation” to “actual business use cases.”
The accounting problem: Traditional asset classification doesn’t fit NFTs cleanly.
IRS Position: NFTs Are… It Depends
This is where it gets frustrating. The IRS hasn’t issued comprehensive NFT guidance, so we’re applying general principles:
IRS Notice 2023-27 (March 2023):
The IRS proposed treating SOME NFTs as “collectibles” for tax purposes, subject to 28% maximum capital gains rate (vs. 20% for other capital assets).
The “collectibles” test:
An NFT is a collectible if it certifies ownership of:
- Art
- Antiques
- Metals (precious)
- Gems
- Stamps
- Coins
- Alcoholic beverages
- Certain other tangible property
The problem: What about NFTs that AREN’T tied to physical collectibles?
- Profile picture (PFP) NFTs (Bored Apes, CryptoPunks)
- Virtual land in metaverse platforms
- In-game assets
- Membership tokens
Current guidance: UNCLEAR. We’re waiting for final regulations.
Real Client Scenario: Digital Artist
Client: Graphic designer who started creating NFT art in 2024
2025 Activity:
- Created 50 NFT artworks
- Sold 12 NFTs for total of $45,000
- Bought 3 NFTs from other artists ($8,500)
- Paid gas fees (Ethereum transaction fees): $2,100
- OpenSea marketplace fees: $2,250
The accounting questions I’m struggling with:
1. Creator Income: Ordinary Income or Capital Gains?
IRS general principle:
- If you CREATE property and sell it → Usually ordinary income
- If you BUY property and sell it → Capital gains
For NFT creators:
- Initial sales = likely ordinary income (self-employment income)
- Subject to self-employment tax (15.3%)
- Report on Schedule C
Royalties on resales:
Many NFT smart contracts pay creators 5-10% on secondary sales. How to treat these?
- Ongoing royalty income (ordinary income)
- Report each time received
- Track per-NFT basis
2. Cost Basis: What’s Included?
My client’s costs to create each NFT:
- Design time (400 hours @ $50/hour opportunity cost)
- Software subscriptions (Adobe Creative Cloud): $600/year
- Gas fees to mint NFTs: $42 per NFT average
- Metadata storage (IPFS pinning): $15/month
Question: Do I capitalize ALL of these costs, or expense some currently?
My current approach:
- Gas fees: Include in cost basis of each specific NFT
- Software: Expense currently (not capitalized)
- Design time: NOT capitalized (opportunity cost, not cash outlay)
- Storage: Expense currently (ongoing operational cost)
Am I doing this right? I’m not confident.
3. Unsold NFT Inventory
Client created 50 NFTs, sold 12. What about the 38 unsold?
Inventory accounting for NFTs:
- Each NFT is unique (not fungible)
- Must track cost basis individually
- Can’t use weighted average (each one is different)
Balance sheet treatment:
Assets:Inventory:NFTs:Unsold 38 NFTS @ various costs
Total inventory value: $1,596 (38 NFTs × $42 gas fees)
The problem: Should I include design time in inventory valuation? Traditional inventory rules say yes, but that’s unpaid labor for a sole proprietor.
4. Purchased NFTs: Investment or Collectible?
Client bought 3 NFTs from other artists:
- 1 CryptoPunk (profile picture) - $4,000
- 1 virtual land plot in Decentraland - $2,500
- 1 generative art piece - $2,000
Tax treatment when sold:
- Collectible rate (28%) or capital gains rate (20%)?
- Holding period requirements (long-term vs short-term)
IRS Notice 2023-27 says: Look-through test - if underlying asset is collectible, NFT is collectible.
My analysis:
- CryptoPunk: Profile picture, NOT tied to physical collectible → Probably NOT subject to 28% rate (but unclear)
- Virtual land: Not a collectible under traditional definition → 20% capital gains rate
- Generative art: Art, but purely digital → UNCLEAR
We need final regulations.
Gas Fees: The Hidden Tax Complexity
Every Ethereum transaction requires gas fees. For my client:
Minting costs (creating NFTs):
- 50 NFTs × $42 average = $2,100 total
- These are ADDED to cost basis of each NFT
Listing costs (putting NFT for sale):
- Some marketplaces require gas to list
- Is this part of cost basis or selling expense?
My treatment:
- Minting gas → Cost basis (capitalizable)
- Listing gas → Selling expense (reduces proceeds)
- Transfer gas (moving between wallets) → Cost basis adjustment
Supporting logic: Similar to how shipping costs to acquire inventory are capitalized, but shipping costs to deliver sales are expensed.
Marketplace Fees: OpenSea, Rarible, Foundation
OpenSea charges 2.5% on sales.
Client sold 12 NFTs for $45,000 gross:
- OpenSea fees: $1,125
- Net proceeds: $43,875
Tax treatment:
Marketplace fees REDUCE gross proceeds (like broker commissions for stock sales).
Form 8949 reporting:
Description: NFT "Sunset Dreams #7"
Date acquired: 03/15/2025
Date sold: 08/22/2025
Proceeds: $3,500
Cost basis: $42 (gas fees)
Marketplace fees: $87.50 (2.5%)
Net gain: $3,370.50
Royalties on Secondary Sales: Ongoing Income Stream
This is unique to NFTs. Traditional art sales don’t automatically pay creators on resales.
Client’s smart contract:
- 10% royalty on all secondary sales
- Automatically paid in ETH to creator’s wallet
2025 royalty income received:
- 8 secondary sales of client’s NFTs
- Total royalties: $3,200 in ETH
- Received in small amounts throughout year
Tax treatment:
- Ordinary income (self-employment income)
- Must value ETH at USD price on receipt date
- Each royalty payment = separate taxable event
The record-keeping burden:
I’m tracking 8 separate royalty payments with:
- Date received
- ETH amount
- ETH/USD exchange rate that day
- USD value (ordinary income)
- New cost basis for ETH received
This is tedious.
NFTs in Business Operations: Membership Tokens
One of my business clients purchased NFT memberships:
- VeeFriends NFT (Gary Vaynerchuk’s project) - $2,500
- Provides access to annual VeeCon conference
- 3-year access included
Accounting question:
- Is this an asset (NFT) or prepaid expense (conference tickets)?
- How to amortize over 3 years?
My approach:
2025-06-10 * "VeeFriends NFT Purchase" "Business conference access"
membership_token: VeeFriends #4521
cost_usd: 2500.00
business_purpose: "Marketing and networking"
useful_life_years: 3
Assets:NFT:BusinessMemberships 833.33 USD ; Year 1 amortization
Assets:PrepaidExpenses:Conferences 1666.67 USD ; Years 2-3
Liabilities:CreditCard -2500.00 USD
Deductibility:
- Ordinary and necessary business expense (IRC Section 162)
- Amortized over 3-year access period
- Year 1 deduction: $833.33
The risk: IRS could argue this is an investment (capital asset) not a business expense. Need to document business purpose meticulously.
NFT Wash Sale Loophole
Just like other crypto, NFTs are NOT subject to wash sale rules (yet).
What this means:
Client could sell an NFT at a loss (tax loss harvesting) and immediately buy it back, with no 30-day waiting period.
Example:
- Bought CryptoPunk for $4,000 (March 2025)
- Current value: $2,000 (October 2025)
- Could sell for $2,000 loss, then rebuy same NFT next day
- Realize $2,000 capital loss for tax purposes
Is this legal? YES (as of 2025). Crypto is property, not securities. Wash sale rules apply only to securities.
Will this change? Probably. Congress has proposed extending wash sale rules to crypto/NFTs.
Beancount Tracking for NFTs
I’m attempting to track NFTs in Beancount, but it’s challenging:
Commodity definitions:
2025-01-01 commodity NFT.BAYC.5555
name: "Bored Ape Yacht Club #5555"
contract: "0xBC4CA0EdA7647A8aB7C2061c2E118A18a936f13D"
token_id: "5555"
blockchain: "Ethereum"
2025-01-01 commodity NFT.CRYPTO.PUNK.1234
name: "CryptoPunk #1234"
contract: "0xb47e3cd837dDF8e4c57F05d70Ab865de6e193BBB"
token_id: "1234"
blockchain: "Ethereum"
Purchase transaction:
2025-03-15 * "Purchase CryptoPunk NFT" ^cryptopunk-buy
nft_id: "CryptoPunk #1234"
purchase_price_eth: 1.2 ETH
eth_usd_rate: 3333.33
gas_fee_eth: 0.012 ETH
gas_fee_usd: 40.00
total_cost_usd: 4040.00
marketplace: "OpenSea"
Assets:Crypto:NFT:CryptoPunks 1 NFT.CRYPTO.PUNK.1234 @ 4040.00 USD
Assets:Crypto:ETH -1.212 ETH @ 3333.33 USD
Sale transaction:
2025-08-20 * "Sell CryptoPunk NFT" ^cryptopunk-sell
sale_price_eth: 1.5 ETH
eth_usd_rate: 3200.00
gross_proceeds_usd: 4800.00
marketplace_fee_usd: 120.00
gas_fee_usd: 35.00
net_proceeds_usd: 4645.00
cost_basis_usd: 4040.00
capital_gain_usd: 605.00
Assets:Crypto:NFT:CryptoPunks -1 NFT.CRYPTO.PUNK.1234 @ 4040.00 USD
Assets:Crypto:ETH 1.5 ETH @ 3200.00 USD
Expenses:Fees:Marketplace 120.00 USD
Expenses:Fees:Gas 35.00 USD
Income:CapitalGains:LongTerm -605.00 USD
The problems with this approach:
- Each NFT needs unique commodity code (can’t have 1000s of commodities)
- Gas fees in ETH, but need USD basis tracking
- Price tracking is manual (no automated price feeds for most NFTs)
- Metadata is cumbersome
Is there a better way?
Questions for the Community
-
For CPAs: How are you classifying NFTs for tax purposes? Collectibles (28%) or capital assets (20%)?
-
For creators: Are you treating initial NFT sales as self-employment income or capital gains?
-
For bookkeepers: How are you tracking unsold NFT inventory? Are you capitalizing creation costs?
-
For Beancount users: What’s your approach for tracking 100+ unique NFTs without creating 100+ commodity codes?
-
For tax professionals: How are you handling NFT royalties? Tracking each secondary sale’s royalty payment seems burdensome.
-
For everyone: Have any clients been audited on NFT transactions? What did IRS focus on?
My Current NFT Accounting Policy
Until we get better IRS guidance, here’s my conservative approach:
For NFT creators (artists, designers):
- Initial sales = ordinary income (Schedule C)
- Royalties = ordinary income (Schedule C)
- Cost basis = direct costs only (gas fees, marketplace fees)
- Don’t capitalize design time (too subjective)
For NFT investors (buyers/collectors):
- Treat as capital assets (not collectibles, unless clearly art)
- 20% long-term capital gains rate (if held > 1 year)
- 37% short-term rate (if held ≤ 1 year)
- Track cost basis including gas fees
For business NFT purchases (memberships, utility):
- Ordinary business expense if clear business purpose
- Amortize over useful life if multi-year benefit
- Document business purpose extensively
For all NFT transactions:
- Track EVERY transaction (IRS will get 1099-DA data from exchanges)
- Keep records of wallet addresses, transaction hashes, dates
- Document fair market value at time of transactions
- Maintain contemporaneous records (don’t reconstruct at tax time)
The Bottom Line
NFT accounting is the “Wild West” of crypto taxation. We have:
- Partial IRS guidance (Notice 2023-27)
- No final regulations
- Unclear collectibles treatment
- Complex royalty structures
- Unique gas fee considerations
My advice: Document everything, be conservative in tax positions, and prepare for IRS guidance to change our approach.
From LA Tech Week: The consensus was that NFTs are evolving beyond speculation into real business use cases. Accountants who understand NFT taxation NOW will be ahead of the curve.
Bob Martinez
Small Business Bookkeeping
P.S. - If anyone has successfully implemented NFT tracking in Beancount (or other plain-text systems), I’d love to see your approach. The commodity explosion problem is real.
Sources:
- LA Tech Week 2025 (October 13-19, Los Angeles)
- IRS Notice 2023-27 (Digital Asset Collectibles)
- IRC Section 408(m) (Collectibles definition)
- Form 8949 Instructions
- OpenSea, Rarible marketplace documentation