Are NFTs legal in Italy?
Buying, selling, and creating NFTs is legal in Italy as of March 2026. Under the European Union Markets in Crypto Assets Regulation, an NFT that is genuinely unique and not fungible is generally outside the main rules, but an NFT issued in a large series or collection, or that is fungible in practice, can be treated as a regulated crypto asset. The tax treatment of NFTs is not fully clarified by the Agenzia delle Entrate, so it depends on the nature of the token and how you use it. CONSOB and the Banca d'Italia supervise the regulated crypto market.
The legal position
A non fungible token, or NFT, is a unique token usually recording ownership of a digital item such as art or a collectible. As of March 2026 NFTs are legal in Italy, and creating, buying, and selling them is lawful. How the rules apply depends on the token. The European Union Markets in Crypto Assets Regulation, known as MiCA, generally excludes crypto assets that are unique and not fungible with other crypto assets. The European authorities have made clear, however, that the exclusion is read by substance, not by label, so an NFT issued in a large series or collection, or whose units are interchangeable in practice, can be treated as a regulated crypto asset, and fractionalised NFTs are not considered unique.
Where an NFT or an NFT related service falls within MiCA, the provider must be an authorised crypto asset service provider, supervised in Italy by the Commissione Nazionale per le Societa e la Borsa, CONSOB, on the opinion of the Banca d'Italia. An NFT can also engage other areas of law, such as intellectual property, consumer protection, and anti money laundering rules, independently of MiCA. The practical takeaway is that a one of a kind collectible NFT and a mass issued series can sit on different sides of the regulatory line.
How NFTs are taxed
The tax treatment of NFTs in Italy is not fully settled. As of March 2026 the Agenzia delle Entrate has not issued comprehensive, dedicated guidance covering every NFT scenario, and the outcome can depend on whether a token is treated as a crypto asset within the substitutive tax regime, as a collectible or work of art, or as business income for a creator or active trader. Where the crypto regime applies, the substitutive tax on crypto gains is 33 percent from 1 January 2026, up from 26 percent in 2025. A creator who mints and sells NFTs as a business, or a person trading frequently, may instead face income or business taxation, and royalties can be taxed as income. Italy also applies an annual stamp style duty on crypto holdings and a monitoring obligation for assets held abroad on the RW section of the return. Because the position is uncertain, take professional advice on your specific situation and verify before filing.
Practical points
If you deal in NFTs in Italy, keep clear records of what you minted, bought, or sold, the dates, the euro values, and any royalties, because the right tax treatment depends on these facts. Be aware that buying an NFT usually does not transfer the copyright in the underlying work unless the seller grants it, and that marketplaces vary in how they handle European Union compliance. NFTs are often illiquid and volatile, and an NFT can lose access to its linked content if the hosting fails. This page does not assess any NFT as an investment.
Compare available exchanges in Italy
If you need to convert between euros and crypto to fund NFT activity, a regulated exchange that serves Italy can do that. These platforms serve Italy under the MiCA framework as of March 2026. We list a platform here only where it is genuinely available to this country, and we do not present any NFT marketplace as an editorial pick.
Regulator and sources
Where an NFT falls within the regulated crypto market, supervision in Italy rests with CONSOB on the opinion of the Banca d'Italia. Tax is handled by the Agenzia delle Entrate.
- European Union Regulation on Markets in Crypto Assets (MiCA), on the exclusion of unique, non fungible crypto assets and the substance over form approach to large series.
- CONSOB and Banca d'Italia, on the supervision of crypto asset service providers.
- Agenzia delle Entrate, on the taxation of crypto assets and gains. As of March 2026 dedicated NFT guidance is limited.
- Law 199 of 2025 (the 2026 Budget Law), on the crypto gains rate of 33 percent from 1 January 2026 where the crypto regime applies.
Frequently asked questions
- Are NFTs legal in Italy?
- Yes. As of March 2026 buying, selling, and creating NFTs is legal in Italy. How the rules apply depends on the token, since genuinely unique NFTs are largely outside MiCA while large fungible series can fall within it.
- Are NFTs regulated under MiCA in Italy?
- Sometimes. MiCA generally excludes unique, non fungible crypto assets, but it is read by substance. An NFT issued in a large series, fungible in practice, or fractionalised can be treated as a regulated crypto asset supervised by CONSOB and the Banca d'Italia.
- How are NFTs taxed in Italy?
- The position is not fully settled. Depending on the token and your activity, an NFT may fall under the crypto substitutive tax at 33 percent, under rules for collectibles, or as business income for a creator or active trader. Verify with the Agenzia delle Entrate.
- Does buying an NFT give me the copyright in Italy?
- Usually not. Buying an NFT records ownership of the token but does not transfer the copyright in the underlying work unless the seller expressly grants it. Intellectual property law applies separately from MiCA.