Do the VAT rules of the residence country of the creator or those where the platform is located apply to the mint?

Select jurisdiction

  • Germany
  • Brazil


This depends on several issues. First a qualification of the NFT has to be made. It could either be a
supply, a service or even an electronically supplied service. Further, it could also be a voucher which
has specific VAT rules in Germany. Also, the VAT due is dependent on the question whether a taxable
person acquires the NFT or whether a consumer acquires the NFT. From this background, no one size
fits all answer can be given.
By observing the market, many NFTs are likely qualified as electronically supplied services. If they are
supplied to VAT-taxable persons (which is probably never the case), the rules of the residence of the
buying company apply. If such NFTs are sold to non-taxable individuals the VAT, the place of supply is
also at residence of the buyer.

Florian Zawodsky



There is no Value Added Tax in Brazil.

Fabio Cendão

Intellectual Property and Innovation

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