In this alternate universe, real-world people are capitalizing on these opportunities, creating and developing NFTs that represent housing, amusement parks, casinos and museums.
And even in the real world, which seems, at times, well, made up, more and more professional offices are popping up, including accounting offices.
In the end, taxes must be paid While the metaverse may not seem entirely real, the gains made there are. As yesterday was the official start of the U.S. tax season, I wondered how these properties are treated as far as taxes are concerned. Are their virtual property taxes? Can you "flip" a property?
I spoke with Peter Ritter, principal at KPMG Tax, about these issues. Ritter said that at the moment, IRS guidance is sparse.
Most cryptoassets, including NFTs, are treated as property and not currency, but they can also constitute capital assets if held for investment.
"Therefore, it is possible to have long-term capital gains (subject to preferential tax rates for individual taxpayers) with respect to crypto assets if they constitute capital assets and are held for more than one year."
But what about the coins spent in The Sandbox or Decentraland to purchase new clothes for my avatar?
In addition to simple sales of crypto, exchanges of cryptoassets, and even spending these assets, can trigger a gain or loss, and therefore taxes.
If a cryptoasset earns income by reason of ownership, and if there is ordinary income from these activities, in some cases, a gain or loss can be triggered. Past that, taxpayers need to consider state and local taxes too.
Additionally, with NFTs, taxpayers should be mindful of special rules that might affect the amount of tax owed, such as the higher long-term capital gains tax rate imposed on the sale of “collectibles."
Would an investor be able to defer their taxes by selling one parcel and then buying another "in-kind" in the metaverse? Unfortunately, the answer is no, Ritter said.
Frequently referred to as a 1031 exchange, taxpayers can defer taxes if they sell one property and then buy another for the same or greater amount.
However, the Tax Cuts and Jobs Act of 2017 revised the tax code to limit those exchanges to real property transactions. |