Tax — NFTs
NFT Tax in
the UK.
HMRC treats NFTs as cryptoassets for tax purposes. Buying one is not a taxable event. Selling one for a profit is. Creating and selling NFTs is different again — that's often income tax territory. The rules vary significantly depending on what you're doing.
Key points
Selling or gifting an NFT triggers Capital Gains Tax
Creating and selling NFTs commercially: Income Tax applies
Creators pay income tax on receipt, CGT on later disposal
Network fees on disposal are an allowable cost
HMRC's position on NFTs
HMRC published guidance on NFTs in March 2022, confirming they are treated as cryptoassets under the same framework as Bitcoin or Ethereum. They are property, not currency. Each NFT is a distinct asset.
Because every NFT is unique, you cannot use the section 104 pool that applies to fungible tokens. Each NFT has its own cost basis — what you paid for it, in pounds sterling, on the day you acquired it.
The tax treatment depends almost entirely on what you do with the NFT. Buying, selling, creating, and gifting each trigger different rules.
Buying an NFT: no tax event
Purchasing an NFT with fiat or with crypto does not create a tax liability on the NFT itself. The purchase price becomes your cost basis.
The catch: if you buy an NFT using crypto (say, ETH), that ETH disposal is a taxable event. You disposed of ETH at its market value on the day of purchase. If that ETH had risen in value since you acquired it, you have a capital gain on the ETH.
In practice, many NFT collectors overlook this. Buying a 0.5 ETH NFT when your ETH cost basis was 0.1 ETH creates a CGT event on the ETH — even though you never sold into pounds.
Selling an NFT: Capital Gains Tax
Selling an NFT for more than you paid triggers Capital Gains Tax on the difference. The calculation is: sale proceeds minus allowable costs equals your gain.
Allowable costs include: the original purchase price in GBP, transaction fees paid at the time of purchase, and gas fees paid at the time of disposal. Minting costs for NFTs you created yourself are also deductible.
Example: you buy an NFT for 1 ETH when ETH is worth £2,000. You later sell it for 1.5 ETH when ETH is worth £2,500. Your proceeds are £3,750. Your cost is £2,000 plus any transaction fees. Your gain is roughly £1,750 before deducting fees.
Selling below your cost basis creates a capital loss, which can be offset against other capital gains in the same year or carried forward. Most NFT holders from the 2021–2022 bull market are sitting on losses. Register them with HMRC. They are worth keeping.
Creating and selling NFTs: Income Tax
If you create NFTs and sell them, HMRC is likely to treat this as trading income rather than capital gains. The proceeds are subject to Income Tax and National Insurance contributions at your marginal rate.
The threshold between hobby and trade is not a fixed number. HMRC looks at the “badges of trade”: frequency of transactions, whether you bought with the intention to sell, commercial motive, and whether you have a systematic approach to selling.
In practice, someone minting and selling a high-volume NFT collection will almost certainly be treated as trading. An artist who sold one NFT as an experiment might argue it was a one-off capital disposal. The line is fact-specific.
Here's the thing: creators face a dual-tax problem on subsequent disposals. If you minted an NFT, paid income tax on the mint proceeds, and then later sold the NFT for more, the secondary sale gain is subject to CGT — using the income tax valuation as your cost basis.
Gifting NFTs: CGT at market value
Giving an NFT to someone triggers CGT as if you had sold it at its current market value. It does not matter that you received no cash. HMRC treats the gift as a disposal at fair market value on the date of transfer.
The one exception is gifts between spouses or civil partners. These are treated as “no gain, no loss” disposals, meaning the recipient inherits your original cost basis rather than the current market value. This can be useful for tax planning if one spouse pays a lower rate.
Gifting to a charity is also different and may qualify for CGT relief. Get specific advice if this applies to you.
Gas fees as allowable costs
Network fees (gas fees on Ethereum, for example) paid directly in connection with acquiring or disposing of an NFT are allowable costs. They reduce your gain or increase your loss.
Worth knowing: gas fees paid for transactions unrelated to a specific disposal — such as moving an NFT between your own wallets — are generally not deductible. The cost must be incidental to the disposal itself.
During periods of high Ethereum congestion, gas fees can be substantial. On some 2021 NFT mints, gas costs exceeded the NFT value. Keeping records of every transaction hash and corresponding gas fee matters.
Royalties from NFTs
Many NFT smart contracts pay the original creator a royalty on every secondary sale. These royalties are income — taxable as trading income or miscellaneous income depending on your circumstances.
Each royalty payment needs to be recorded with its sterling value at the date of receipt. The cumulative total feeds into your income tax calculation for the year.
Disclaimer
This is not financial or tax advice. NFT tax rules are still developing and HMRC guidance may be updated. Individual circumstances vary. Consult a qualified tax adviser — particularly if you create, sell commercially, or hold NFTs of significant value.
Last updated: March 2026
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