NFT Creator Royalties Are Ordinary Income
Receiving royalties from your NFT sales? The IRS treats these as ordinary income, not capital gains.
How Royalty Taxes Work
Royalty Rate: 5% on secondary sales Secondary Sale Price: 10 ETH ($20,000) Your Royalty: 0.5 ETH ($1,000)
Tax Treatment: $1,000 ordinary income (taxed at 10-37% based on bracket)
This Means:
- ✅ Report on Schedule C (if you’re in business)
- ✅ Subject to self-employment tax (15.3%)
- ✅ Can deduct related business expenses
- ❌ NOT eligible for lower capital gains rates
Quarterly Estimated Taxes
If you’re earning significant royalties, you may need to pay quarterly estimated taxes to avoid penalties.
Threshold: Owing more than $1,000 in taxes at year-end
Deductible Expenses
- Gas fees for deploying contracts
- Marketing and promotion costs
- Software and tools
- Marketplace fees
- Professional fees (accountant, lawyer)
Keep Clean Records
Track all royalty payments with:
- Transaction hashes
- ETH/USD conversion rates at time of receipt
- Wallet addresses
- Marketplace sources
Disclaimer: This content is for informational purposes only and should not be considered tax advice. Consult with a qualified tax professional for your specific situation.