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Non-Fungible Tokens: A Fiduciary, Tax and Legal SnapshotNon-Fungible Tokens: A Fiduciary, Tax and Legal Snapshot

NFTs provide new challenges for administration and transfer that will keep all of us on our toes.

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9 Min Read
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Given that the desire for non-fungible tokens (NFTs) is only getting stronger, and the prices only higher, it’s incumbent on fiduciaries to apprise themselves of the legal considerations that affect the ownership and disposition of NFTs. To the perplexed fiduciary or practitioner, we’ll provide an overview of: (1) the general nature of an NFT, (2) how fiduciary obligations are affected by the nature of and market for NFTs, (3) tax implications that arise on the sale or transfer of an NFT, and (4) security, fraud and other illicit activity concerns that arise in the NFT marketplace.

Introduction to NFTs

At its essence, an NFT is a digital token traded on a blockchain. NFTs are distinct from cryptocurrency because they’re “non-fungible” vers...

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About the Authors

Diana Wierbicki

Partner, Loeb & Loeb

 Diana Wierbicki is a partner in the New York office of Loeb & Loeb

Amanda A. Rottermund

Partner, Loeb & Loeb

Amanda A. Rottermund is a partner at the New York City office of Loeb & Loeb.

Davis Turner

Associate, Withers Bergman LLP

Davis Turner is an associate in the New York City office of Withers Bergman LLP.