NFT Tax Pitfalls
Why owning NFTs in your IRA could be a costly mistake
Ric Edelman: It's Wednesday, December 13th. Yesterday I told you how to sell your bitcoin investments at a profit and pay zero taxes on the gain. Now let me give you a crypto warning. Have you bought NFTs? Non-fungible tokens? And did you buy them in your IRA? I bet you didn't ask a financial advisor about that before you did it.
I've seen people do this. They thought they were being clever. Hey, NFTs are expected to skyrocket in value, right? All those profits will be subject to taxes, right? But if you buy the NFTs inside of an IRA, the profits would be shielded from taxes until you withdraw the money in retirement. Right? This lets you buy and sell NFTs as often as you like inside the IRA for decades without ever paying taxes, right?
Wrong. Sorry, but wrong. The IRS has now issued a notice saying that if you buy NFTs inside your IRA, you could end up with taxes and penalties. Let me explain why. You can pretty much buy anything you want with your IRA. Well, pretty much anything, but not really anything. Yeah, you can buy any kind of security stocks, bonds, mutual funds, ETFs. You can buy bitcoin. You can buy real estate. You can buy gold. You can even buy cows inside of your IRA. But you can't buy life insurance, nor can you buy stock from an S corporation.
You also cannot buy collectibles. Well, what's a collectible? The IRS says a collectible is any work of art a rug or an antique? Any metal or gemstone stamps and coins, alcoholic beverages. So forget about buying that bottle of rare wine and everything else that is tangible personal property. The IRS says that's all collectible.
So does the IRS say that NFTs are collectibles? Well, the NFT itself might not be, but if the NFT is linked to a collectible, then it's fruit of a poisoned tree. The IRS will treat the NFT as a collectible for the purposes of the IRA tax rules. So you need to make sure that any NFT you buy is not tied to a collectible. And you better get it right. Because if a collectible is held inside the IRA, the original cost is considered to be a taxable distribution from the IRA. And if you're under age 59.5, you'll not only owe taxes, you'll also owe a 10% IRS penalty.
And get this: NFTs have plummeted in price over the past two years. You might have paid five grand for an NFT, but it might only be worth $5 today. The IRS says you owe taxes on the five grand original cost, not the $5 decreased current value. And did you buy your NFT in your Roth IRA? You figured that would make your profits tax free forever, right? Well, you'd still incur that tax problem, but after you pay the taxes on the cost and the penalty, the future profit will be tax-free, assuming you satisfy all the other Roth IRA rules.
But just for fun, let me tell you how horrible this could end up being. Did I say that would be fun? Well, let's try it anyway. Let's say you've got $1 million in your IRA, and you use five grand, just $5,000 out of the million to buy an NFT. Now, let's further say this particular NFT certifies ownership of a baseball card. That baseball card is collectible, which means the NFT is a prohibited investment. That means you'll owe taxes on the five grand you paid for the NFT, plus a 10% penalty. That's another 500 bucks.
But then, say the baseball card becomes hugely valuable. You decide to lend it to Major League Baseball so they can put it on display at ballparks. They pay you a fee for that. You've now engaged in a prohibited transaction. That means your entire million dollar IRA is disqualified. You'll have to pay taxes on the whole thing. Except for that five grand. And if you're still under age 59.5, you're also going to pay another 10% penalty on the whole million dollars. Okay, that's an extreme example, but I raise it to demonstrate that buying NFTs inside an IRA can be very tricky, tax-wise.
So before you invest in NFTs inside an IRA, get advice from a financial advisor or a tax preparer who's well versed in crypto taxation. Not many of these folks are. So ask detailed questions. Have you helped any other clients who own crypto? Have you taken a class in crypto taxation at the Digital Assets Council of Financial Professionals, which I founded? We offer a two-hour tax course on crypto.
By the way, you want to make sure you're getting advice from a professional who knows what they're talking about. And when you do find a financial advisor who knows about crypto, they're going to know about two ETFs that give you exposure to crypto that you can put into your IRA without you having to deal with any of these NFT tax risks.
I’m talking about the Invesco Alerian Galaxy Blockchain Users and Decentralized Commerce ETF, the symbol is BLKC and the Invesco Alerian Galaxy Crypto Economy ETF. The symbol is SATO. The first one invests in companies that are engaged in the development of blockchain technology, bitcoin mining and crypto exchanges. The second one, the Crypto Economy ETF, does the same thing. Plus, it invests in funds that own Bitcoin or other digital assets. Ask your financial advisor about these two ETFs, BLKC and SATO. You can check them both out at Invesco.com.
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