Australia Crypto: AUSTRAC Regulation & Tax #28

Country facts

Australia crypto score

Trade and store crypto

AUSTRAC registration, CGT on crypto gains, and Australia’s exchange landscape

Is Australia a crypto-friendly country?

Yes. Australia has taken a highly positive approach to regulating crypto exchanges for consumer protection and harnessing the advantages of blockchain technology in the mainstream financial sectors. The country also has a thriving crypto investor base with many ATMs.

Original enthusiasm for a retail central bank digital currency (CBDC) to take its place within the country’s booming payments industry seems to have dimmed slightly.  To date, the Australian government is looking to reassess its licensing and regulation of crypto service providers in 2023 as part of a strategy to get on top of crypto developments in the FTX collapse – something many governments are doing at present. Source: Forbes. Developing custodial and licensing frameworks to safeguard consumers is something Australia feels it has let slip over the past two years.

Part of this new framework will be assessing which digital assets should be regulated by financial services laws – ‘token mapping’ is the term that is being used to analyze the types of digital asset tokens and crypto assets in question. Licensing and regulation of crypto service providers will be part of a strategic plan for the payments system of Australia with a remit including digital wallets, stablecoins, and crypto assets. This also includes a deeper dive into the economic, legal, regulatory, and technological feasibility of a CBDC.

However, more importantly, the move shows Australia’s progressive approach to redefining its payment systems and embracing developments in digital currency. Australia’s government is looking to consult on regulating businesses that hold or offer custodial services on behalf of consumers. Effectively, the country now acknowledges that the crypto economy is supporting significant sums of money and represents an ongoing investment demand.

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The number of people transacting in cryptocurrency in Australia continues to grow, more than doubling over the previous year so far. This growth may, of course, change following the early-year Bitcoin price falls. Nevertheless, the country is considering establishing some sort of licensing framework for digital exchanges, allowing the purchase, holding, and sale of crypto assets by consumers in a regulated environment. All in all, it’s another steady but positive step forward for investors who are perhaps looking to add crypto to their investment strategy but seeking clarity and confidence.

Crypto trading & crypto law in Australia

Is bitcoin legal in Australia? – YES

The good news is that investing or trading in cryptocurrencies such as Bitcoin is legal and regulated by the Australian Securities and Investments Commission (ASIC).

Just remember that the Australian Tax Office (ATO) has strict Government guidelines on trading that require crypto exchanges (the online platforms that buy and sell your bitcoins) to share your trading data with the ATO for tax purposes.

So, if you decide to invest in any cryptocurrency you need to keep records of your dealing.

If you want to trade bitcoin there are a number of well-established crypto exchanges that make it easy and straightforward to invest in Bitcoin (BTC) and other cryptocurrencies.

Bitcoin and other cryptocurrencies are treated as property for tax purposes and are subject to Capital Gains Tax, just as with any other similarly defined assets. Before this cryptocurrency was subject to double taxation under the country’s goods and services tax (GST).

Crypto tax in Australia

Bitcoin tax in Australia

As with the UK and many other countries, there are no taxes on buying or holding cryptocurrencies in Australia. Cryptocurrencies have been declared legal in Australia and have to follow the Anti-Money Laundering and Counter-Terrorism Financing Act.

If you’re a resident of Australia, buying or trading Bitcoin for gain will be subject to income tax and Capital Gains Tax (CGT) and the Australian Tax Office will know about your trading.

In a nutshell, if you exchange or sell your Bitcoin for goods, cash, or other cryptocurrencies it will be deemed to be a ‘disposal’ and subject to the prevailing tax laws.  Any gain or loss you incur will have to be shown on your tax return and you can carry any losses forward to offset future gains. As an individual, the percentage you pay on Capital Gains Tax is the same as your income tax rate for the year. Once again, keeping records is vital.

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As an individual investor, you’ll enjoy a 50% discount on tax if your crypto is held for 12 months or more. Any gain or loss you incur will have to be shown on your tax return and you can carry any losses forward to offset future gains.

Tax when moving residency

As with any income, your bitcoin will come under the tax laws of the country you become a legal resident. If you set up a business to trade bitcoin, that business will come under the tax laws of the country it operates from.

Bitcoin mining and taxation in Australia

It’s highly technical and beyond the scope of most individuals but mining for Bitcoin falls under standard Australian Income Tax Law.

Your ‘mined’ coins will be valued at their market price and the whole of that amount subject to standard income tax. Don’t forget, if you mine bitcoin and sell it for profit sometime later, that additional profit – between its value when you mined it and what you sell it for – also incurs CGT.

Bitcoin financial services in Australia

Bitcoin retirement planning in Australia

Investing in bitcoin for retirement funds is legal in Australia but is viewed as a ‘high-risk’ strategy. The ATO discourages investors from ‘placing all their eggs in one basket’ and building up too large a retirement fund with them.

In Australia, a leading mainstream bank, the Commonwealth Bank of Australia, has partnered with New York-based exchange Gemini Trust Company LLC to offer a crypto exchange and custody service through its mobile banking app. A trio of leading banks has instigated the first-ever blockchain product to be used in commercial banking in Australia demonstrating how implementing blockchain can create digital bank guarantees.

Defi in Australia

Australia’s financial and technical sectors are eagerly engaging in the assessment and analysis of Defi, with a number of high-profile projects in the Defi space. Australia is said to be at the forefront of DeFi-related projects.

Using bitcoin in Australia

Australia is very open to accepting Bitcoin payment in many retail and service sectors from dentistry to dining out! In fact, Melbourne is known to be a leading city in the use of bitcoin payments. In most cases, it is possible to buy vouchers with your currency that may then be indirectly used with participating outlets*.

Gifting bitcoin or crypto in Australia

You can’t avoid being eligible for tax on your coins by gifting them to someone, but there are concessions for gifting your asset to a recognized charity. However, cryptocurrencies are becoming a popular gift and any established and reliable crypto-exchange will be able to advise you on gifting your investment coin or coins to a third party. Other activities with your Bitcoin, such as lending it or gaining interest are also subject to income tax.

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Australia and crypto-related scams

A wave of crypto-related scams – not to mention the worldwide price drops in cryptocurrencies – has led to increasing calls for more regulation on the growth of the crypto economy in Australia, more specifically in the area of consumer protection. The Australian Competition and Consumer Commission (ACCC), confirmed has stated it wants to support the crypto industry but notes challenges with regulating such innovative technologies and it’s likely that Australia’s Labor Party will need to initiate some form of progressive crypto policy. The years of light-touch regulation and ambitious crypto advertising that have led to Australians investing heavily in crypto may need to be reigned in according to critics of the incumbent political party. This follows signs from the  Australian Central bank that, as yet, it has no plans to initiate a CBDC for mass consumption in the same way that China has. The Australian Taxation Office ATO has also outlined crypto capital gains as a topic for reassessment.

Crypto Exchanges

Top crypto exchanges in Australia

NAME			RATING	FOUNDED DATE	DEPOSIT METHOD	BASED IN	REVIEW	SIGN UP
#1		Crypto.com	4.6	2016	Credit Card Bank Transfer	Singapore	Coincub Review	Register Now
#2		OKX	4.25	2017	Bank card P2P third-parties crypto	Seychelles	Coincub Review	Register Now
#3		GateSponsored	4.0	2013	Bank Transfer Credit Card Debit Card SEPA Apple Pay Google Pay		Coincub Review	Register Now
#4		Independent Reserve	3.82	2013	EFT bank transfers SWIFT transfers crypto Osko/PayID Credit/Debit cards and PayPal	Australia	Coincub Review	Register Now
#5		Binance	3.8	2017	Card Bank	Cayman Islands	Coincub Review	Register Now
#6		Bybit	3.6	2018	Card Crypto Sepa Wise Alipay Wechat Apple Pay Google Pay	UAE	Coincub Review	Register Now

#1 Crypto.com 4.6

Register Now

FOUNDED DATE2016

DEPOSIT METHOD Credit Card Bank Transfer

BASED INSingapore

Review

#2 OKX 4.25

Register Now

FOUNDED DATE2017

DEPOSIT METHOD Bank card P2P third-parties crypto

BASED INSeychelles

Review

#3 GateSponsored 4.0

Register Now

FOUNDED DATE2013

DEPOSIT METHOD Bank Transfer Credit Card Debit Card SEPA Apple Pay Google Pay

BASED IN

Review

#4 Independent Reserve 3.82

Register Now

FOUNDED DATE2013

DEPOSIT METHOD EFT bank transfers SWIFT transfers crypto Osko/PayID Credit/Debit cards and PayPal

BASED INAustralia

Review

#5 Binance 3.8

Register Now

FOUNDED DATE2017

DEPOSIT METHOD Card Bank

BASED INCayman Islands

Review

#6 Bybit 3.6

Register Now

FOUNDED DATE2018

DEPOSIT METHOD Card Crypto Sepa Wise Alipay Wechat Apple Pay Google Pay

BASED INUAE

Review

Crypto regulation in Australia

How to buy Bitcoin in Australia

There are several ways to buy Bitcoin in Australia:

• Bitcoin exchanges: There are several reputable Bitcoin exchanges that operate in Australia, such as CoinSpot, BTC Markets, and Independent Reserve. You can buy Bitcoin using Australian dollars on these platforms. You can also opt-in for international exchanges like Coinbase.
• Bitcoin ATMs: There are also Bitcoin ATMs located in various cities in Australia where you can buy Bitcoin using cash.
• Over-the-counter (OTC) trading: Some individuals and companies in Australia also offer OTC trading services, where you can buy and sell large amounts of Bitcoin directly with them, usually at more favourable rates than on exchanges.

It’s important to keep in mind that buying Bitcoin and other cryptocurrencies carries risks, and you should always conduct your own research and consult with a financial professional before making any investment decisions. Before buying any bitcoin, check the legal framework of your country, regulations may vary.

Once you have bought Bitcoin, you will need a Bitcoin wallet to store it in. There are a number of different types of Bitcoin wallets available in Australia, including software, hardware and paper wallets. Each of these types of wallets has its own set of benefits and drawbacks, so it’s important to do your own research and choose the one that best suits your needs. In general, is good to do your own research and to have a sophisticated approach to securing your funds like using a combination of Cold storage + hot wallet.  The way to combine wallets is to use cold storage, such as a hardware wallet, for long-term storage of large amounts of crypto and hot wallets, like a software wallet, for small amounts of crypto that are used for day-to-day transactions.

Things to be aware of when buying bitcoin in Australia

Security

Many of the leading exchanges that operate globally carry some form of insurance against mishaps (usually fraud or technical breakdowns) so it’s worth checking if your chosen exchange has insurance – the complexity of obtaining redress through the regulatory system is difficult in most countries – often dealt with on a case-specific basis.

Cryptocurrency exchanges are required to hold an Australian Financial Services (ASF) licence, whereby digital currency providers are viewed alongside other financial service providers under Australian law.

The crypto asset, such as a token, is viewed as a financial product under the Corporations Act in order to assure consumers that they are buying a form of regulated financial product. On top of this, Consumers have to be provided with fee structures and guidelines.

Transparency

You’ll need to provide your personal details and proof of ID and all Australian exchanges are regulated and must comply with AUSTRAC’s AML/CTF reporting obligations.

Taxes in Australia

What are the crypto tax rates on income in Australia?

* All income is taxed at ordinary income tax rates

** 50% reduction of long term capital gains (CGT discount)

https://www.ato.gov.au/rates/individual-income-tax-rates/