It’s rare to see a client where crypto is their ‘day job’ – but more and more of our clients have portfolios, are trading, or are engaged in some form of investment or business with cryptocurrency here in Australia.
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“I’ll only pay tax when I convert it to AUD”
“If I make a gain, but put the money into another coin, I delay the tax bill”
“I don’t have to pay tax because the ATO will never know about my portfolio”
“My crypto is a hobby so I don’t have to pay tax”
“My SMSF cannot invest in crypto”
Individual
One of the big reasons why we might go for trust or company is because of the alarming tax rates where individuals pay up to 47% tax, depending on their income.
Company
Companies have two different rates depending on what the company does. If it’s purely an investment company (so it doesn’t run a business, a business of trading cryptocurrencies, or a business of mining crypto currencies) the 30% tax rate is applicable. The 25% tax rate is for small businesses (so the business of trading, or mining for instance). You need to have most of the company’s income as business income to access this lower 25% tax rate.
Trust
Trust doesn’t necessarily not pay tax, but a trust gives its profits to other individuals, companies, or other entities in the family group, and then they pay the tax on the trust’s behalf.
SMSF
15% tax is what we call the Accumulation phase – where you’re growing your balance in super throughout your lifetime. The 0% is for the pension phase. When you’re drawing on your super, you’re a certain age or older, and you’ve met the conditions of release for super, you will have an option for your super to be taxed at 0%.
Money you receive is treated as either revenue account (ordinary income) or capital account.
Revenue Account
Capital Account
Bob trades and makes a $1M profit.
Bob also works and earns a $120K salary.
Tax just on the crypto profits – depending on structure:
Sole Trader – $465K in tax
Company – $250K in tax
Tax saving if company (revenue account) = $215K
Bob HODLs for 10 years and makes a $1M capital gain.
Bob also works and earns a $120K salary.
Tax just on the crypto profits – depending on structure:
Sole Trader – $230K in tax
Company – $300K in tax (if investment company, and companies don’t have CGT discount)
Extra tax if a company = $70K
If you’re trying to make it look like something it isn’t, that’s when you need to be worried (i.e. capital instead of revenue for your benefit)
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