Cryptocurrency & Digital AssetsAnswered

How are NFT sales taxed for a foreign-owned U.S. LLC? Are NFTs treated like other crypto?

LB
lucia_br_5667new member
August 20, 2018 1,678 views 1 answer
NFTdigital artOpenSearoyaltiescollectiblesforeign-owned LLCcapital gains

My LLC mints and sells NFT art on OpenSea. I'm the artist and I'm based in Brazil. The NFTs are sold for ETH and I also earn royalties on secondary sales. I've made about $30,000 worth of ETH from primary sales and $5,000 in royalties this year.

Are NFTs taxed the same as Bitcoin and other crypto? I heard the IRS might treat some NFTs as "collectibles" with a higher tax rate. Does that apply to foreign owners? And what about the royalties from secondary sales — are those passive income or active business income?

Related Questions

CryptoAnswered

When is crypto income treated as capital gains vs. ordinary income for a foreign LLC owner?

I'm confused about the difference between capital gains and ordinary income for crypto. My LLC has several types of crypto income: trading profits, staking rewards, mining income, and airdrop tokens. ...

AA
ahmed_ae_581b·Aug 25, 2022
1,5671
CryptoAnswered

Is cryptocurrency staking income taxable for my foreign-owned LLC? When do I recognize it?

I stake ETH through my LLC's Coinbase account and also run an Ethereum validator at home overseas. The staking rewards appear in my account periodically. I've heard conflicting information: some say s...

HA
henrik_a3bb·Jul 20, 2021
1,5671
CryptoAnsweredFeatured

Does cryptocurrency trading through my foreign-owned LLC create effectively connected income (ECI)?

I'm a foreign national living in Singapore and I own a single-member LLC in Delaware. The LLC's main activity is actively trading cryptocurrencies — buying and selling on U.S. exchanges like Coinbase ...

WS
wei_sg_bc7d·Feb 27, 2020
2,1341
CryptoAnswered

Do wash sale rules apply to cryptocurrency losses in my foreign-owned LLC?

My LLC sold some Bitcoin at a loss and then repurchased it the next day to maintain exposure. With stocks, the wash sale rule would disallow the loss. But I've heard that crypto is exempt from wash sa...

M6
marco_6906·Jan 7, 2020
1,6781
CryptoAnsweredFeatured

What is Form 1099-DA and how do the new broker reporting rules affect my foreign-owned LLC?

I just got an email from Coinbase saying they'll start issuing Form 1099-DA for 2025 transactions. I own my LLC as a non-resident alien and I've been filing W-8BEN with the exchange. What exactly is ...

TJ
tomoko_jp_0fc4·Feb 22, 2022
2,6781
CryptoAnswered

How do I fill out Form 8949 for cryptocurrency trades in my foreign-owned LLC?

My foreign-owned LLC made about 150 crypto trades last year on Coinbase Pro. I understand I need to report these on Form 8949, but the logistics are confusing. Do I list every single trade individuall...

CM
carlos_mx_45a1·Dec 3, 2022
1,4561
CryptoAnswered

How are hard forks and token splits taxed for my foreign-owned LLC?

My LLC held Bitcoin when Bitcoin Cash (BCH) was created through a hard fork years ago. I also have some tokens that went through chain splits and airdrops as part of protocol upgrades. I never claime...

CT
chen_tw_5d42·Jun 21, 2023
1,0981
CryptoAnswered

What are the current IRS crypto reporting requirements for foreign owners of U.S. LLCs?

I keep hearing about new IRS rules for cryptocurrency reporting, and I'm overwhelmed trying to figure out what applies to me specifically as a non-U.S. person who owns a single-member LLC. I know abo...

P3
priya_3d1e·May 28, 2025
1,9231
CryptoAnswered

Why does my 1099-DA lump stablecoin and NFT sales together with no basis?

My LLC's activity on a US platform is mostly stablecoin conversions plus a handful of NFT sales. The platform's 1099-DA materials suggest these will show up aggregated — totals rather than transaction...

K5
kenji_5fa2·Jun 2, 2026
9801
CryptoAnswered

My foreign-owned LLC received crypto airdrops — are these taxable income?

My LLC's wallet received several airdrops this year: a governance token airdrop from a DeFi protocol I had used, a promotional airdrop from a new project, and some tokens I didn't even want from a ran...

YJ
yuki_jp_ab45·Oct 1, 2023
1,3451

Have a similar question?

ForeignLLCTax members get expert answers with IRS citations. One CPA consultation costs $200+. Full access is $9.99/month.

Become a Member — $9.99/mo

Disclaimer: All content on ForeignLLCTax.com is created by a tax professional and is provided for general educational and informational purposes only. It does not constitute tax, legal, or accounting advice, and should not be relied upon as such. Every tax situation is different — for advice specific to your circumstances, please consult a licensed CPA, Enrolled Agent, or tax attorney. By using this website, purchasing a subscription, or accessing any tools or services, you acknowledge that no client-professional relationship is established between you and ForeignLLCTax.com or its operators. This website is not affiliated with the IRS.

Watch the walkthroughs