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NFT Sales and Purchases: How the CRA Taxes Them in Canada

Learn how the CRA generally treats NFT sales and purchases in Canada, and whether profits count as capital gains or fully taxable business income.

Tax5 min readTSLBy the Treadstone Law team · OntarioUpdated 2026-07
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Key takeaways
  • Like cryptocurrency, an NFT is generally treated as a form of property for Canadian tax purposes, not as currency.
  • The Collector If you buy NFTs primarily to hold, enjoy, or occasionally resell as a collector — without running anything that resembles a business — a sale is more likely to be analyzed…
  • There's no NFT-specific test — the CRA applies the same kind of facts-and-circumstances analysis used for other property and crypto transactions, including: - How frequently you buy and…

Non-fungible tokens don't fit neatly into any category the tax system was originally built around — they're not currency, not quite a traditional collectible, and not a conventional security. But the CRA doesn't need a purpose-built NFT category to tax them. It applies the same general principles it uses for cryptocurrency and other property, and the results depend heavily on what role you played in the transaction: creator, collector, or trader.

This guide walks through how those roles are generally treated differently, and what to track regardless of which one describes you.

The Starting Point: NFTs Are Property

Like cryptocurrency, an NFT is generally treated as a form of property for Canadian tax purposes, not as currency. That means buying, selling, or trading an NFT is analyzed the same way any disposition of property would be — by comparing what you received for it to what it cost you, in Canadian dollars, at the relevant times.

Where it gets more nuanced is in deciding which set of rules applies to that gain or loss: capital gains treatment, or business income treatment. That distinction depends on who you are in the transaction and how you've been conducting yourself.

Three Common Roles, Three Different Analyses

The Collector

If you buy NFTs primarily to hold, enjoy, or occasionally resell as a collector — without running anything that resembles a business — a sale is more likely to be analyzed under the ordinary capital gains rules. A gain would then have only a portion included in income (50% as of mid-2026 — verify the current inclusion rate before relying on it), while a loss could offset other capital gains.

The Creator

If you mint and sell NFTs of your own original work — art, music, or other digital creations — the proceeds are generally more likely to be treated as business or professional income, particularly if you're doing so with any regularity or commercial intention. That income is fully included, but you may also be able to deduct legitimate expenses related to creating and selling the work.

The Active Trader

If you're frequently buying and flipping NFTs, tracking market trends, and treating it as an income-generating activity rather than occasional collecting, the CRA is more likely to view the activity as a business, meaning gains are fully taxable as income rather than partially included as capital gains.

Business vs. Capital: The Same Factors That Apply to Other Property

There's no NFT-specific test — the CRA applies the same kind of facts-and-circumstances analysis used for other property and crypto transactions, including:

GST/HST Is a Separate Question

Selling NFTs as part of a business can also raise GST/HST questions, since GST/HST applies to taxable supplies made in the course of a business, separate from the income tax analysis above. Whether registration and collection obligations apply depends on the scale and nature of the activity — this is a distinct question from whether a sale produces capital gains or business income, and it deserves its own review rather than an assumption either way.

Recordkeeping for NFT Transactions

Frequently asked questions

If I mint an NFT but never sell it, do I owe any tax?

Minting alone, without a sale or other disposition, generally doesn't itself trigger a tax obligation on the NFT's unrealized value, though costs incurred in creating it may be relevant if you're operating as a business.

Does it matter if I was paid in cryptocurrency instead of Canadian dollars for an NFT sale?

No — being paid in crypto doesn't avoid the tax consequence. You'd still need to determine the Canadian-dollar fair market value of what you received at the time of the sale, the same as with any crypto transaction.

Can I claim a loss if an NFT I bought becomes worthless?

If you've genuinely disposed of the NFT (or it meets a recognized standard for having become valueless), a capital or business loss may be available, following the same general principles that apply to other property. The specific facts matter a great deal here.

Are royalties I receive as a creator from secondary NFT sales taxed differently?

Ongoing royalty payments from resales are generally treated as income to the creator when received, similar to other forms of ongoing royalty income, though the specific tax character can depend on how the arrangement is structured.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. Ontario laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a licensed Ontario lawyer. Treadstone Law is licensed by the Law Society of Ontario — reach us at 1-844-900-1070 or start a file online.

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