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2024-05-15

How Investing vs Trading impacts tax

In most cases of buying and selling cryptocurrency as a retail investor, you are participating in investing rather than trading. The two are treated differently for tax purposes.

  • Investing is subject to capital gains tax or income tax, depending on the nature of the transaction.
  • Trading in this case refers to self-employment which is subject to income tax and National Insurance Contributions.

The key difference between investing and trading – along with the different tax treatments, is how losses generated in the crypto-activity can be used.

In their guidance, HMRC have explicitly stated that they would expect it to be exceedingly rare that any crypto-activity constituting buying & selling crypto would be classified as “trading”.

If you are uncertain, speak to a tax advisor as there are always exceptions, including but not limited to, developing tokens and large scale mining.

How is crypto tax calculated in the United States?

You can be liable for both capital gains and income tax depending on the type of cryptocurrency transaction, and your individual circumstances. For example, you might need to pay capital gains on profits from buying and selling cryptocurrency, or pay income tax on interest earned when holding crypto.

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Australia
blog
15
 
May
 
2024
 - 
10
min read

ATO Tells Exchanges To Hand Over Crypto Investors’ Data

What does the ATO's latest update mean for you?

Key takeaways
This tax guide is regularly updated: Last Update  
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This week's big news for Australian crypto investors: The Australian Taxation Office (ATO) has instructed crypto exchanges to share transaction details for up to 1.2 million accounts from 1 July 2023 to 30 June 2026.

Here’s what you need to know:

  • In a recent announcement, the ATO has asked crypto exchanges operating in Australia to provide trading and personal data on up to 1.2 million investors.

  • The data items include:

    • Client identification details: names, addresses, date of birth, phone numbers, social media accounts and email addresses.

    • Transaction details: bank account details, wallet addresses, transaction dates, transaction time, transaction type, deposits, withdrawals, transaction quantities and coin type.

  • The move comes in a bid to reduce the level of non-compliance in the crypto space.

  • The data will enable the ATO to audit investors’ tax obligations.

The Tax Office has used data-matching technology to collect data on investors dating back to 2015, but the old protocol expired on 30 June 2020. This new data-matching program shows the ATO is renewing its focus on crypto assets for the next few years.

So, what does it mean for you?

In an announcement on its website, the ATO states: “The data will be acquired and matched to ATO systems to identify and treat clients who failed to report a disposal of crypto assets in their income tax return.”

So, it’s safe to say that if you haven’t started declaring your crypto activity when completing your tax return, now is the time to start.

What should you do?

Fortunately, figuring out your obligations doesn’t have to be daunting.

For those wanting to DIY, myself and the Cadena Legal team use and recommend Summ (formerly Crypto Tax Calculator). With Summ, whether you’ve traded only on centralised exchanges or you’ve fallen down the rabbit hole of on-chain activity, generating a crypto tax report is straightforward.

Even if you have several years’ worth of crypto taxes to catch up on, Summ’s plans cover all tax years - meaning even if you’ve never reported before, your subscription will cover tax reports for all previous tax years.

If you need additional help figuring out your obligations, connect with a specialist crypto tax accounting professional.

Every year, tax offices the world over increase their focus on crypto. Don’t be caught with a hefty tax penalty when the tax man comes knocking. It’s not a matter of if, but when.

Get your taxes sorted today.

The information provided on this website is general in nature and is not tax, accounting or legal advice. It has been prepared without taking into account your objectives, financial situation or needs. Before acting on this information, you should consider the appropriateness of the information having regard to your own objectives, financial situation and needs and seek professional advice. Summ (formerly Crypto Tax Calculator) disclaims all and any guarantees, undertakings and warranties, expressed or implied, and is not liable for any loss or damage whatsoever (including human or computer error, negligent or otherwise, or incidental or Consequential Loss or damage) arising out of, or in connection with, any use or reliance on the information or advice in this website. The user must accept sole responsibility associated with the use of the material on this site, irrespective of the purpose for which such use or results are applied. The information in this website is no substitute for specialist advice.

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