Whether you have capital gains or income from crypto - the ATO has made it clear you need to pay tax on your crypto. You can’t avoid tax on crypto in Australia entirely, but you can get strategic and optimise your tax position to pay less tax overall. Here’s our top tips on how to avoid tax on cryptocurrency in Australia - legally.
A quick reminder before we dive in - the Australian financial year draws to a close on the 30th of June 2022.
Why does this matter?
Because for many of these strategies on avoiding tax on crypto, you’ll need to make your moves before the end of the financial year. You’ll also need to factor in whether the ATO views you as an individual investor or a trader, as some of these strategies will only apply for traders or investors.
Here's the steps you can take:
Let's dive in.
You can't know how your crypto portfolio is really looking unless you have a dedicated app to track all your investments from one spot (like Koinly). This will let you not only identify the best opportunities to sell and realize a gain, but also to sell and realize a loss.
There are many crypto portfolio trackers, but not all of them are equal, as a minimum you should make sure you can track:
Bad investments happen. If you've invested into a coin that's plummeted from hero to zero, or fallen foul of a rug pull, there is a small silver lining as you can harvest these unrealized losses to reduce your tax bill.
To harvest your losses, you need to realize your loss. This means you need to make a capital disposal by selling, swapping, spending or gifting your crypto. So for example, you could:
In the rare instances where a blockchain halts, or you lose access to your tokens, it is possible you could make a claim with the ATO for a capital loss due to theft or casualty loss - but you'll need plenty of evidence to prove it.
Once you've realized your losses... you can look at a tax loss harvesting.
If you want to get really strategic, you could also look at tax loss harvesting. This is an investment strategy where you sell an asset to create a loss, and utilise that loss to reduce your tax bill, but you may then buy back your asset at a later date.
An important note though if you’re thinking of buying your asset back - beware the wash sale rule.
The ATO states if an investor sells an asset at a loss and then purchases the same within a certain time period with the intention to create a paper loss to reap a tax benefit, this would be a wash sale and the capital loss from this transaction cannot be claimed or offset. Unlike many other tax offices, the ATO doesn't have specific time periods for a wash sale - instead it comes down to intent, if a taxpayer is seen to be deliberately creating artificial losses in order to gain a tax benefit, this would constitute a wash sale.
In June 2022, The ATO issued a warning to taxpayers saying they should not engage in asset wash sales to artificially increase their losses and reduce their tax bill. They said taxpayers who engage in wash sales are at risk of facing swift compliance action and potentially additional tax, interest and penalties - so proceed with extreme caution when tax loss harvesting or face a potentially larger tax bill!
Got diamond hands? You’ll reap the benefits in Australia from a tax perspective. If you hold your crypto for more than 12 months, you’ll benefit from a 50% Capital Gains Tax discount when you eventually sell, trade, spend or gift your crypto.
What this means is you should be strategic about the assets you sell. Although they may have accrued value from hodling them longer, you'll pay far less tax on assets you've held more than a year.
You can get a Capital Gains Tax exemption if you hold crypto as a personal use asset - provided it’s less than $10,000.
The personal use asset rule can get tricky - and the burden of proof is on the taxpayer to prove that your crypto was a personal use asset if the ATO decides to investigate. In general, the longer you’ve held crypto - the less likely it is to be considered a personal use asset.
However, if you buy crypto for the specific purpose of spending it on something - the personal use asset rule would apply. For example, if you buy ETH for the purpose of buying an NFT. As you’ve held the ETH for a very short period of time, and used it to immediately purchase an NFT for personal use, your ETH could be considered a personal use asset and you wouldn’t pay Capital Gains Tax when you dispose of it by trading it for your NFT.
In some very exciting news, a Bitcoin exchange traded fund (ETF) launched in Australia in April 2022.
ETFs are a tax efficient way to get exposure to BTC, without all the self-custody issues. Most Bitcoin ETFs pay investors in the form of dividend distributions - known as franking credits.
Many companies pay Income Tax on their taxable income, and then distribute after-tax profits using franking credits via franked dividends. If Income Tax has already been paid by the company within an ETF, investors don’t need to pay it again.
Self-Managed Super Funds (SMSFs) are a means for Aussie taxpayers to include crypto in their retirement portfolio - and they come with some nice tax perks too.
If you want to buy crypto using your SMSF, you can do this on a couple of major exchanges like Kraken, Swyftx and CoinSpot. You'll just have to register your SMSF Trust with the exchange you want to use.
When you have invested - when members of the SMSF are in the pension phase - any capital gain would be exempt from taxation.
A word to the wise though - the ATO are very specific about how a SMSF must be run, and should you not meet their requirements you can potentially face high penalties. You can learn more about investing and running a SMSF on the ATO site.
While gifting crypto isn’t tax free in Australia, donations to a deductible gift recipient (DGR) are - and you can even claim a deduction. Provided you donate to a DGR, you’ll be able to claim a deduction equal to the market value of your crypto at the point of the donation.
Once you've tracked and harvested your losses within the financial year, you can use now use them to offset your capital gains and reduce your tax bill.
You can get strategic with offsetting your losses. The ATO allows investors to pick which gains you offset. So if you have short-term gains (where you’ve sold crypto you hold for less than a year) - you’ll be taxed on the entire gain at your marginal Income Tax rate. Whereas if you have long-term gains (where you’ve sold crypto you held for more than a year), you’ll only be paying your marginal Income Tax rate on half of your gain. In other words, you can strategically use your capital losses to offset your short-term gains, ensuring you get the lowest tax bill possible.
Hobby mining in Australia is tax free upon receipt, so you won’t pay Income Tax on mined coins when you receive them - but you will pay Capital Gains Tax when you later sell, trade, spend or gift them.
It’s another story for those seen to be mining as a business though. If you’re seen to be mining as a trader, you’ll pay Income Tax on receipt - bad times.
But there is a silver lining to this, as if you’re seen to be mining as a trader, you’ll be able to deduct a variety of mining expenses as business expenses. This could include things like rig costs and electricity.
For individual investors in Australia, you can use the FIFO, HIFO or LIFO cost basis methods - although you must be able to prove that you followed these accounting methods. This is great news because these can make a huge difference to your tax bill. You can learn all about crypto cost basis methods in detail in our guide, but in summary:
It's a different story for those viewed as traders by the ATO though - they may only use the FIFO cost basis method.
Koinly can help you track your entire crypto portfolio from one spot and know your tax liability throughout the entire financial year. Not only does it calculate your crypto taxes for you so you always know your tax liability - and you can even track your unrealized gains and losses on your dashboard so you know when to harvest gains and losses. Better still, Koinly is totally free to use. You'll only need to upgrade to a paid Koinly plan when you want to download your ATO myTax report when you're ready to file.
The information on this website is for general information only. It should not be taken as constituting professional advice from Koinly. Koinly is not a financial adviser. You should consider seeking independent legal, financial, taxation or other advice to check how the website information relates to your unique circumstances. Koinly is not liable for any loss caused, whether due to negligence or otherwise arising from the use of, or reliance on, the information provided directly or indirectly, by use of this website.