NFTs and taxes in France: the old regime and the new one

Updated on 25 October 2026

NFTs long floated between several tax regimes. Law no. 2026-534 of 25 June 2026 gives them an article of their own, article 150 VH ter of the French General Tax Code, for disposals made from 1^st January 2026. Here is what applies depending on the year of the sale, and what remains to be clarified.

Sales up to 31 December 2025

Most practitioners treated an NFT as a digital asset, under the crypto regime (article 150 VH bis): capital gain calculated on the whole portfolio, NFT-for-crypto swaps deferred, flat tax (PFU) on sale for euros. An NFT representing an identified work of art could fall under other regimes; the tax authorities had not ruled on anything.

Sales from 1^st January 2026

• The crypto regime (150 VH bis) now only covers fungible crypto-assets within the meaning of the EU MiCA regulation.
• Unique NFTs fall under article 150 VH ter : their gain is taxed under the regime of what they represent.
• An NFT that represents a precious metal, a piece of jewellery, a work of art, a collector's item or an antique follows article 150 VI: the flat tax on precious objects or, by option, the capital gains regime for movable property.
• The obligation to declare foreign accounts (3916-bis) extends to NFTs.

Buying an NFT with ETH: be careful

As long as an NFT was a digital asset like any other, paying for it in ETH was a swap between cryptos, with no tax. If NFTs leave the crypto regime, paying in ETH amounts to disposing of ETH for an asset that is no longer a fungible crypto, which could constitute a taxable disposal of the ETH. That is the logic of the text; the tax authorities have not yet commented on it. Get advice before declaring large NFT purchases in 2026.

NFT creators

Creating and selling your own NFTs is an activity: sales and royalties on resales fall under non-commercial profits (micro-BNC or the déclaration contrôlée regime depending on the amount), not capital gains.

What remains uncertain

For a purely digital collectible NFT (avatar, in-game item), the law refers to the regime of what it represents without naming it, and the BOFiP has not yet been updated. In the meantime, document every purchase and every sale (date, price in euros, marketplace); Bilan DeFi finds these movements in your addresses' history.

See also: crypto taxation in France, declaring your crypto (form 2086), DeFi taxation.

Frequently asked questions

How is the sale of an NFT taxed in 2026?

Since 1 January 2026, unique NFTs fall under article 150 VH ter of the CGI: the gain is taxed under the regime of what the NFT represents, for example the flat tax on precious objects for a work of art.

Is buying an NFT with ETH taxable?

Before 2026, it was in practice a tax-free swap between cryptos. Since NFTs have left the crypto regime, paying in ETH could be a taxable disposal of the ETH; the tax authorities have not yet commented on it.

Does an NFT creator pay capital gains tax?

No, their sales and royalties are non-commercial profits (BNC).

General information, not tax advice. The rules change with every finance act and depend on your situation. For a complex case (regular activity, large amounts, a tax audit), have it checked by a chartered accountant or a tax lawyer.