Is Your Bored Ape NFT a Work of Art? IRS Will Have to Decide

April 12, 2023, 8:45 AM UTC

The IRS in the coming months will have to decide if your Bored Ape non-fungible token is a work of art or a membership card to an exclusive “yacht club.”

These kinds of decisions made by a federal agency are causing concern among tax practitioners who say determining the use of an NFT is often subjective and could expose their clients to a 28% capital gains tax.

The IRS released Notice 2023-27 in March, announcing plans to issue guidance about the treatment of NFTs as collectibles under Section 408(m) of the tax code.

The notice lays out how the agency ...

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