mr. J. el Khalfioui LL.M.

, in VAT

A creator royalty on NFT resales is consideration for VAT, says the Dutch tax authority

On 10 February 2026, the VAT knowledge group of the Dutch tax authority took a position on NFTs, under number KG:210:2025:18. A creator royalty fee on the resale of an NFT is consideration for a supply. This is the view of the tax authority, not a court ruling.

The facts

A Dutch business develops and sells unique digital images linked to NFTs. In the smart contract, it provides that the NFT can be traded only if the conditions of the contract are met and the royalty is paid. On every resale after the first sale, the business automatically receives a percentage of the price. It has no influence on that price. The contract cannot be changed afterwards, and its content is known to all parties.

The position

The question was whether the royalty is payment for a supply. The knowledge group answered yes. Seller and buyer cannot agree on the sale independently, without accepting the creator's conditions. Each sale therefore also creates a legal relationship with the creator.

What to check

mr. J. el Khalfioui LL.M.

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