Decentralized autonomous organization (DAO)

A decentralized autonomous organization is a blockchain-based entity governed by token holders through smart contracts, and for U.S. tax purposes an unincorporated DAO is often treated as a partnership, making members responsible for its income.

How it works

A DAO is governed by token holders voting through smart contracts. Without a legal wrapper, a DAO with U.S. members may be treated as a general partnership for tax purposes, with Form 1065 and Schedule K-1 obligations that nobody is handling and personal liability for members. Some states offer DAO LLC statutes. Governance tokens received for contributions are generally income when received and transferable; treasury activity may be partnership income to the members.

Why it matters

Participation can create partnership tax exposure that members do not know about, and if the DAO is foreign for U.S. purposes, Form 8865 issues follow.

Related: Schedule K-1, Form 8865. Read more: crypto and Web3.

Guides that cover decentralized autonomous organization

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Definitions are general information, not legal advice, and may not reflect the most recent changes in law.