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2023-09-19

How Investing vs Trading impacts tax

In most cases of buying and selling cryptocurrency as a retail investor, you are participating in investing rather than trading. The two are treated differently for tax purposes.

  • Investing is subject to capital gains tax or income tax, depending on the nature of the transaction.
  • Trading in this case refers to self-employment which is subject to income tax and National Insurance Contributions.

The key difference between investing and trading – along with the different tax treatments, is how losses generated in the crypto-activity can be used.

In their guidance, HMRC have explicitly stated that they would expect it to be exceedingly rare that any crypto-activity constituting buying & selling crypto would be classified as “trading”.

If you are uncertain, speak to a tax advisor as there are always exceptions, including but not limited to, developing tokens and large scale mining.

How is crypto tax calculated in the United States?

You can be liable for both capital gains and income tax depending on the type of cryptocurrency transaction, and your individual circumstances. For example, you might need to pay capital gains on profits from buying and selling cryptocurrency, or pay income tax on interest earned when holding crypto.

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Staking with NFTs

Everything you need to know about staking with NFTs and its possible tax implications.

Key takeaways
This tax guide is regularly updated: Last Update  
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video: au-video-https://www.youtube.com/watch?v=R1UtLawLH_c

In a previous blog, we’ve touched on what staking is and how it works as a way of earning rewards by delegating or locking up certain cryptocurrencies. Recently, staking programs have been built which allow users to lock up their NFTs as a way of earning additional rewards. While NFTs are already popular, this has given them an added boost as people see more ways they can utilize their existence on the blockchain.

Inherently an NFT is defined as a non-fungible (one of a kind) token. Where normal staking platforms allow you to lock up fungible tokens, things get a bit more complex when doing so with non-fungible tokens.

How does NFT staking work?

NFT staking is identical to traditional crypto staking in that you ‘lock up’ or deposit a token (in this case, a non-fungible token) and receive rewards for doing so. What’s different is that depending on the platform you’re interacting with, you may receive fungible tokens as the reward, or alternatively, you may receive more NFTs.

As with traditional crypto staking, in order to stake your NFTs, you have to find a platform that supports doing so. Some examples of platforms that enable this are:

  • Mobox: By staking unique MOMO NFTs, users can receive the MOBOX platform DAO token as a reward. This is an example of staking NFTs to receive fungible tokens in return.

  • Kira Network: Assets staked on KIRA are represented 1:1 by transferable derivatives, which can be used with any DeFi app within and outside of KIRA. This enables delegators to generate passive income from staking any type of asset, including NFTs.

  • WhenStaking: This platform calculates base APR and staking capacity on the collection, rarity, and average price of the NFT in question. Higher rarity and higher priced NFTs from more valued collections will have higher APRs and higher base staking capacities.

  • NFTX: NFTX works by encouraging users to add liquidity to the platform, and stake that liquidity to earn a share of the fees. This can be done by either adding more NFTs into the pool and providing shoppers with a broader choice, or by contributing to creating a larger liquidity pool.

What are the tax implications of NFT staking?

In most regions, there is no definitive guidance on how to treat transactions related to staking NFTs for tax purposes. There are two arguments to be made; the first being that you don’t ‘sell’ your NFT when engaging with a staking platform, you’re only depositing it so the ownership of the NFT doesn’t change. This would mean depositing an NFT for staking purposes would not be seen as a capital gains taxable event in most regions. The second perspective is that when you lock up your NFT, the ownership of the asset changes hands. This would constitute a disposal event in most regions, and would therefore be taxable as a capital gain or loss. Until a time at which your region’s tax authority gives guidelines as to how staking NFTs should be treated for tax purposes, we recommend talking to a local tax professional to figure out what is best for your personal circumstances.

In addition to potential CGT implications depending on the approach taken with depositing NFTs for staking, there also needs to be consideration taken for the rewards earned from the process. In Australia for example, staking rewards are taxed as ordinary income. As we mentioned earlier in this piece, non-fungible tokens can make accounting for your staking rewards a bit more complex. With fungible tokens, it’s much easier to establish a fair market value at the time of receipt to account for income earned from staking rewards. However, there is still not much guidance on how to establish a fair market value for NFTs earned from staking rewards, as these could vary widely depending on a multitude of factors. You will need to confirm with a local tax professional what the guidelines in your region dictate as to how staking rewards should be treated for tax purposes.

How can Summ help?

Summ (formerly Crypto Tax Calculator) gives you the ability to import the entirety of your crypto transaction history, regardless of whether it involves NFTs or normal crypto tokens. Our customization options will enable you to categorize any staking rewards earned according to your region’s guidelines - for example, Australians could categorize any staking rewards earned from staking an NFT on NFTX as ‘staking reward’. This would consequently add it to the income totals for a specific time period. Summ also recognizes transactions involving NFTs, so any interaction with these protocols that are related to staking rewards will be accessible on the platform as well.

Disclaimer: The content of this guide is for general informational purposes only. It is not legal or tax advice. Viewing this guide, purchasing or using Summ does not create an attorney-client relationship or a tax advisor-client relationship.

The information in this guide represents the opinions of experienced crypto tax professionals; however, some of the topics in this guide are still subject to debate amongst professionals, and tax authorities could ultimately release guidance that conflicts with the information in this guide. The information contained in this guide is based on the authors’ interpretation of current guidelines. Changes to the guidelines may be retroactive and could significantly alter the views expressed herein. Therefore, use this information at your own risk and for information purposes only.

Consult a professional regarding your individual tax or legal situation.

The information provided on this website is general in nature and is not tax, accounting or legal advice. It has been prepared without taking into account your objectives, financial situation or needs. Before acting on this information, you should consider the appropriateness of the information having regard to your own objectives, financial situation and needs and seek professional advice. Summ (formerly Crypto Tax Calculator) disclaims all and any guarantees, undertakings and warranties, expressed or implied, and is not liable for any loss or damage whatsoever (including human or computer error, negligent or otherwise, or incidental or Consequential Loss or damage) arising out of, or in connection with, any use or reliance on the information or advice in this website. The user must accept sole responsibility associated with the use of the material on this site, irrespective of the purpose for which such use or results are applied. The information in this website is no substitute for specialist advice.

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