Cryptocurrency & Tax

Activities related to Crypto currencies & Tax

Cryptocurrency is a new class of digital asset, and it is considered to be a form monetary value able to be paid for the exchange of goods and services.  The receiving of and trading of cryptocurrency is subject to taxation and must be declared yearly to the ATO (Australian Taxation Office).  You can be subject to both income tax and capital gains tax depending on how and what activities you have been engaged with regarding cryptocurrency.

The ATO has published guidelines on cryptocurrency and the tax treatment of it in Australia.  You can learn more by visiting their site and reading these – click here  (Tax treatment of cryptocurrencies | Australian Taxation Office (ato.gov.au))

You need to know that that ATO can collect information from banks, cryptocurrency exchanges and other sources to help them identify persons that are actively involved with trading cryptocurrencies.  The type of information collected will include your name, address, ABN, date of birth, contact information, and potentially any trading information recorded by a registered Digital Currency Exchange.

So, it is advised that if you are going to buy, sell, trade cryptocurrencies, NFTs (non-fungible tokens), and other digital assets that you keep in mind that you will need to declare your activities to the ATO. You may be potentially fined if you fail to do so.

Due to this, we recommend that at the conclusion of each use, you download the latest version of your account statement, for your own records. Please keep this statement dated at the time of download, in a folder on your computer, or a secure USB Storage Device.

Classification by the ATO

The Australian Tax Office (ATO) has classified cryptocurrency as an asset for capital gains tax purposes. The definition from the official ATO website: “The term cryptocurrency is generally used to describe a digital asset in which encryption techniques are used to regulate the generation of additional units and verify transactions on a blockchain. Cryptocurrency generally operates independently of a central bank, central authority or government.”

The Australian Tax Office treats the buying and selling of cryptocurrency the same way as buying and selling shares. When you sell your cryptocurrency or exchange it for another cryptocurrency a capital gains tax event occurs. If a profit is made on the selling or exchange, the gain maybe taxed. If you hold cryptocurrency for more than 12 months you may be entitled to the 50% capital gains tax discount. The rules vary depending on whether the cryptocurrency was bought or exchanged as an investor or whether it was used in the same way as Australian dollars, for personal use.

Cryptocurrency acquired for less than $10,000 are disregarded for capital gains tax if for personal use. Professional advice should be sought as different rules apply if you are trading in cryptocurrency as a business or as a professional trader. If you have a business for cryptocurrency trading profit may be considered as normal income. But you do have to meet tests to determine if you have a cryptocurrency business.

Understand if you are an investor, or a trader?

Knowing how to properly classify your activity is important when determining how you will potentially be taxed. Investors are generally subject to Capital Gains Tax (CGT), while traders that are involved in carrying out activities to generate an income as an individual or a business will be subject to Income Tax on their profits.

Examples to help you understand how to classify your activities:

Investor:
Most persons will fall under the category of Investor, as they may have other regular sources of income and they just trade cryptocurrency as an additional activity to build wealth. Such persons will have most of their profitable earnings coming from medium to longer term gains.  In this instance, your gains and losses on cryptocurrency will be subject to Capital Gains Tax at the end of the year.

Trader:

Traders can be individuals classified as a sole trader, or a company entity where trading is being done via a trading account held for and operated in a company entity name. To be a trader you need to assess your situation and consider how the ATO will view your activity.  The minimum considerations should include:
The ATO will take an objective assessment of the relevant facts and circumstances support your trading activities. It is important for you to keep your activities separated and properly recorded so that investment activities can be separated from any business activities. It is advised that you clearly separate trading for personal gain in your own name verse trading cryptocurrency as part of a business supported activity. Documentation and notes are a great way to assist you with providing information for a better determination on your taxation obligations. This will help your Tax Agent in determining what and how you will potentially need to present information to the ATO.

At all times we strongly suggest that it is best to check with your Accountant or Tax Agent about reporting your activities.

At PIPezi we have further detailed information to assist anyone that is registered on our digital currency exchange to help them navigate their obligations and to work through and get an indication of their tax obligations in Australia or their country of residence.
We have also partnered with TaxConnect and other services to provide any businesses or traders using our platform with accounting and taxation reporting as well as additional support services.