Two US States Pen the Country's First-Ever NFT Tax Laws

Shane. - September 17, 2022
NFT TAX text on a red note

Washington and Pennsylvania are the first states in the USA to tax NFTs. Taxing anything on the blockchain is tricky, but these states lead the way with NFTs.

There is never a dull day in the world of blockchain technology and how it impacts players and the online casino industry as a whole. In the last few years, digital rewards such as cryptocurrencies and NFTs have gained momentum with casino players and tech enthusiasts.

Washington and Pennsylvania have become the first US states to add NFTs (non-fungible tokens) to their lists of assets that are subject to taxation. It is expected that many other states will follow their lead. Let’s look at how this will affect online casinos and crypto hodlers.

Tax on Big Sales

There’s no denying that NFT sales in the US and worldwide are constantly on the up, with no end in sight just yet. According to the blockchain tracking company, there were almost $17 billion in NFT transactions worldwide in 2021. Some believe that the number is closer to $25 billion.

New York lawyer Amelia K. Brankov says that a clear rise in NFT prices has been notable in the past few years. And as the surge continues, the money attracts revenue officials’ interest, with states starting to focus on the taxability of NFT sales. According to Brankov, there are still many details that should be finalised, but the sales tax rate in Washington is at 6.5%.

Is the Buyer Liable?

One of the complications with NFTs is uncertainty regarding their background, as nobody knows where they are ‘sourced’ from, which makes NFT sales slightly trickier.

It’s more confusing as sales occur through a digital wallet, not a physical transfer. Where NFTs are used as a casino prize or player incentive, the value issue also becomes murky. This leads to the double edge sword where whether taxes are due and how much they should be are difficult to determine.

There are over 30+ states that have laws permitting the taxation of digital products, which makes them ideal as they already have the framework in place to add tax on NFT sales. While the statutory language doesn’t specifically mention NFTs, it can be applied.

The Future of Casino NFTs

Rosemary Ringwald, the national head of art planning at Bank of America’s private banking division, says that Washington is undoubtedly blazing new trails and that she is sure others will follow suit. Currently, the IRS is still expected to issue clearer guidelines regarding the taxation of these virtual assets.

The great news is the increased recognition of NFTs, which is sure to set more at ease with its use at crypto casinos. NFTs have become popular not only as art but as a reward in crypto games and when participating in promotions or tournaments.

While, at present, there is no clear outline of what to expect or what’s to come, the taxation of NFTs could go either way, with users unsure of how to feel. The one clear thing is that this is a good step in the right direction as crypto and NFTs start to find their place in a regulated gambling space.

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