When do you qualify an NFT purchase as a commercial activity?

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  • Brazil
  • Sweden


The same principles of any commercial activity apply: the activity must be organized, recurring, and professional, with the intention of circulating assets aiming at profit/financial return. Article 966 of the Brazilian Civil Code.

Fabio Cendão

Intellectual Property and Innovation


Commercial activity is often referred to as professional activity. There is no strict threshold for when an activity becomes a professional activity and rather such assessment is made on a case-to-case basis. However, in general, there are three conditions that should be fulfilled in order to be considered a professional activity: (i) independence, (ii) profit-making purpose, and (iii) long-term / permanent.

Elvin Sababi

Regulatory and Compliance (including AML), NFT IP rights, Crypto taxation

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