Israel Tax Authority Decides NFTs are Taxable Assets | Bernard Brode

The Israel Tax Authority has released a notice stating that non-fungible tokens are taxable assets. Learn more about this decision and what it means for the future of blockchain taxation.

NFTs Defined

NFTs, or non-fungible tokens, are unique digital assets and cannot be replaced. They are often used to represent items such as art, collectibles, game items, and other digital assets.

Non-fungible means that each NFT is unique and not interchangeable with another NFT. In contrast, fungible assets like money or commodities can be easily exchanged for one another because they are all of equal value.

NFTs are stored on a blockchain, a digital ledger that records all transactions made using cryptocurrencies. When an NFT is created, it is assigned a unique code that is stored on the blockchain. This code contains information about the NFT, such as who owns it and what it represents.

History of NFTs

NFTs have been around since the early days of cryptocurrency, but they have only recently gained mainstream attention. This is partly due to the rising popularity of cryptocurrencies and the increasing value of NFTs. 

One of the first NFTs was Quantum, created in 2014 by Kevin McCoy, an American artist. It was a pixelated image of an octagon with tiny circles, arcs, or other objects that share a common center, with bigger shapes encircling smaller ones and hypnotically pulsing in fluorescent colors, which McCoy developed.

Since then, the use of NFTs has exploded and in unexpected directions. In 2020, the total value of all NFTs was $250 million, and this figure is expected to rise to $20 billion by 2025. But expect a bumpy ride says PointPay.io CEO Vladimir Kardapoltsev. “NFT investors should expect drastic rises and falls in value similar to what cryptocurrency investors have experienced. It’s helpful to keep in mind that this is still a new market, so it’s too early to predict the market reaction.”

How NFTs Work

NFTs are built on top of blockchain technology. All transactions made using cryptocurrencies are recorded in a digital ledger called a blockchain.

This ensures that NFTs are unique and cannot be duplicated or counterfeit. When you purchase an NFT, you buy a digital token representing the asset. This token can be traded or sold like any other asset.

Benefits and Drawbacks of NFTs

There are several benefits to using NFTs.

1. They are unique and cannot be duplicated, making them ideal for representing items such as art, collectibles, and game items.
2. NFTs are stored on a blockchain, a secure and decentralized way of storing data. This makes NFTs more secure than other digital assets such as images or videos.
3. NFTs can be easily traded or sold. This makes them liquid assets that can be easily converted to cash.

However, there are also a few drawbacks to using NFTs.

1. They are still a new technology, and there is a lack of regulation around them. This makes them a risky investment.
2. The value of NFTs is volatile and can fluctuate rapidly. This makes it difficult to predict their future worth.
3. NFTs can be used to purchase items that are illegal or unethical. For example, there have been instances of people using NFTs to purchase child pornography.

NFTs in Israel

The Israeli Tax Authority has recently decided that NFTs are taxable assets. This means that any profits made from the sale of NFTs will be subject to capital gains tax.

The Tax Authority has also stated that NFTs can be used as collateral for loans. This means that NFTs can be used as security for a loan, and the lender can seize the NFT if the borrower defaults on the loan.

NFT Tax Treatment In Israel

The ITA’s March 6 notice is about the “Taxation of Digital Assets” of the non-fungible token (NFT) variety. According to them, a taxable “asset” is defined as “any property, real estate, or chattels (ITO Sec. 88, as stated above) excluding personal property possessed by an individual.”

As a result, if an individual sells chattels (tangible personal property) for non-business reasons, such as jewelry or furniture, the transaction is typically not subject to capital gains tax.

Based on the ITA’s pronouncement, an NFT is just a right to hold an intangible asset (even if it is a photograph or virtual image), making NFT sales taxable.

The ITA wants taxation, but the law has to be clarified.

Many individuals disagree with the ITA’s claim that NFTs are not personal chattels for personal use. Like the land register (Tabu) and the company’s registration, blockchain technology demonstrates historical ownership rights to capital assets.

Therefore, one could argue that an NFT should be treated like any other registered ownership right.

The ITA’s decision may have far-reaching implications for the taxation of digital assets in general. It may open the door to similar treatment of other digital assets such as Bitcoin and Ethereum.

Challenges of NFTs Being Taxed In Israel

Several challenges come with taxing NFTs in Israel.

First, it isn’t easy to value NFTs, making it difficult to determine how much tax they should pay.

Second, there is a lack of regulation around NFTs. This makes it difficult to enforce the taxes that are owed to them.

Third, the value of NFTs is volatile and can fluctuate rapidly. This makes it difficult to predict their future value.

Fourth, NFTs can be used to purchase illegal or unethical items. For example, there have been instances of people using NFTs to purchase child pornography.

Finally, NFTs are still a new technology, and there is a lack of understanding around them. This makes it challenging to educate the public about the taxes owed to them.

Bernard Brode is a nanotechnology product researcher and believes that it might end up being the biggest tech story of all time.