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2024-02-02

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.

CoinLedger

CoinLedger is an accessible crypto tax platform with over 1,000 exchange and wallet integrations.

Best for: Users who want a simple, straightforward experience without complex DeFi needs.

Key differentiator: Offers an unlimited transaction plan for high-volume traders at a fixed price.

Pricing: $49 (100 transactions) to $499+ (10,000+ transactions).

Limitation: Does not generate Schedule D forms - you will need to complete this manually or with other software.

Notable: Strong NFT support with OpenSea integration.

CoinTracker

CoinTracker is a portfolio tracker and tax calculator supporting over 30,000 cryptocurrencies.

Best for: Users who prioritize portfolio tracking alongside tax reporting.

Key differentiator: Direct integrations with TurboTax and H&R Block Desktop.

Pricing: $59 (100 transactions) to $599 (10,000 transactions), with full-service options up to $3,499.

Limitation: Customer support is limited on lower-tier plans - priority support requires the $599 Ultra plan.

Notable: Good security with end-to-end encryption and SOC 2 compliance.

ZenLedger

ZenLedger offers both DIY crypto tax reports and professional full-service accounting.

Best for: Users who want tax loss harvesting included at every pricing tier.

Key differentiator: Tax loss harvesting is available on all plans, not just premium tiers.

Pricing: $49 (100 transactions) to $399 (15,000 transactions).

Limitation: Only offers 400+ exchange integrations - significantly fewer than competitors. Some users report customer support issues with long wait times.

Notable: TurboTax integration and 14-day refund policy.

blog
Feb 2
,
 
2024
 - 
10
min read

Can the ATO Track Crypto Transactions?

There's a common belief that when you're dealing with cryptocurrencies, you're navigating through a shadowy realm where transactions magically fly under the radar of the Australian Taxation Office (ATO). Is this really true?

Key takeaways
This tax guide is regularly updated: Last Update  

There's a common belief that when you're dealing with cryptocurrencies, you're navigating through a shadowy realm where transactions magically fly under the radar of the Australian Taxation Office (ATO). It's an appealing idea for anyone looking to keep their financial dealings discrete, but unfortunately, it's more fiction than fact. The digital breadcrumbs left behind with every crypto transaction are not as hidden as some might hope. Blockchain technology, the foundation of most cryptocurrencies, is far from a secret vault. It's a public ledger, open and transparent, making every transaction traceable by entities like the ATO.

This transparency, coupled with the diligence of cryptocurrency exchanges that comply with Know Your Customer (KYC) regulations, and the dubious security provided by using mixers like Tornado Cash, makes it abundantly clear: evading the ATO's gaze with crypto transactions is not as straightforward as it may seem.

The Immutable and Public Nature of Blockchains

Blockchain is the backbone of cryptocurrencies, acting as a digital ledger where all transactions are recorded. This ledger is immutable and open to the public, which means once a transaction is logged, it can't be erased or hidden. Every trade, sale, or transfer leaves a digital footprint that could theoretically be traced back to its source.

This level of openness makes blockchain one of the least likely places to conceal financial activities. For tax authorities, with the right tools at their disposal, tracing the movement of funds from one address to another is entirely within the realm of possibility. Whether you're dealing with Bitcoin, Ethereum, or any other cryptocurrency, the blockchain ensures that every transaction is recorded for posterity.

Centralised Exchanges are ATO Allies

The role of cryptocurrency exchanges that adhere to KYC regulations can't be understated in the ATO's efforts to track crypto transactions. These exchanges collect personal information from their users, linking digital transactions to real-world identities. This information is gold for the ATO, making it much easier to follow the flow of cryptocurrencies as they move into and out of regulated platforms.

Such exchanges must report significant trading activities to the ATO, including where the funds are going and from where they came. Even when users move their assets off these platforms, the information about withdrawal addresses provides a starting point for further investigation.

The Risks of Using Crypto Mixers

Crypto mixers, such as Tornado Cash, have gained attention as tools that purportedly enhance the anonymity of digital transactions by obfuscating the links between the source and destination of funds. However, relying on these services to evade taxes or hide financial activities is a risky and unsophisticated strategy that will likely attract legal trouble rather than prevent it.

The ATO has developed sophisticated methods to deal with complex tax evasion schemes, including those involving cryptocurrencies. The use of mixers might temporarily obscure the origins of funds, but it does not make them untraceable. The ATO can often unravel the web of transactions leading to and from mixers with advanced analytical tools and cooperation from KYC-compliant exchanges.

Moreover, the legal scrutiny surrounding mixers has intensified. For instance, platforms like Tornado Cash have faced allegations of facilitating money laundering, leading to increased regulatory and law enforcement attention. Engaging with such services raises red flags and potentially implicates users in broader investigations beyond tax evasion.

Conclusion

The notion that crypto transactions are invisible to the ATO is a myth. The inherent transparency of blockchain technology, the detailed records kept by KYC-compliant exchanges, and the dubious security offered by mixers all mean that the ATO has the tools and the will to track crypto transactions. For those dabbling in cryptocurrencies, it's wise to operate under the assumption that all transactions are traceable and to adhere to all tax obligations. Trying to outsmart the ATO with cryptocurrencies is unethical, increasingly challenging, and fraught with risks.

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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Blog

02 February 2024

X

 Min read

Can the ATO Track Crypto Transactions?

There's a common belief that when you're dealing with cryptocurrencies, you're navigating through a shadowy realm where transactions magically fly under the radar of the Australian Taxation Office (ATO). Is this really true?

Patrick McGimpsey

This tax guide is regularly updated: Last Update 

....

February

2

2024

There's a common belief that when you're dealing with cryptocurrencies, you're navigating through a shadowy realm where transactions magically fly under the radar of the Australian Taxation Office (ATO). It's an appealing idea for anyone looking to keep their financial dealings discrete, but unfortunately, it's more fiction than fact. The digital breadcrumbs left behind with every crypto transaction are not as hidden as some might hope. Blockchain technology, the foundation of most cryptocurrencies, is far from a secret vault. It's a public ledger, open and transparent, making every transaction traceable by entities like the ATO.

This transparency, coupled with the diligence of cryptocurrency exchanges that comply with Know Your Customer (KYC) regulations, and the dubious security provided by using mixers like Tornado Cash, makes it abundantly clear: evading the ATO's gaze with crypto transactions is not as straightforward as it may seem.

The Immutable and Public Nature of Blockchains

Blockchain is the backbone of cryptocurrencies, acting as a digital ledger where all transactions are recorded. This ledger is immutable and open to the public, which means once a transaction is logged, it can't be erased or hidden. Every trade, sale, or transfer leaves a digital footprint that could theoretically be traced back to its source.

This level of openness makes blockchain one of the least likely places to conceal financial activities. For tax authorities, with the right tools at their disposal, tracing the movement of funds from one address to another is entirely within the realm of possibility. Whether you're dealing with Bitcoin, Ethereum, or any other cryptocurrency, the blockchain ensures that every transaction is recorded for posterity.

Centralised Exchanges are ATO Allies

The role of cryptocurrency exchanges that adhere to KYC regulations can't be understated in the ATO's efforts to track crypto transactions. These exchanges collect personal information from their users, linking digital transactions to real-world identities. This information is gold for the ATO, making it much easier to follow the flow of cryptocurrencies as they move into and out of regulated platforms.

Such exchanges must report significant trading activities to the ATO, including where the funds are going and from where they came. Even when users move their assets off these platforms, the information about withdrawal addresses provides a starting point for further investigation.

The Risks of Using Crypto Mixers

Crypto mixers, such as Tornado Cash, have gained attention as tools that purportedly enhance the anonymity of digital transactions by obfuscating the links between the source and destination of funds. However, relying on these services to evade taxes or hide financial activities is a risky and unsophisticated strategy that will likely attract legal trouble rather than prevent it.

The ATO has developed sophisticated methods to deal with complex tax evasion schemes, including those involving cryptocurrencies. The use of mixers might temporarily obscure the origins of funds, but it does not make them untraceable. The ATO can often unravel the web of transactions leading to and from mixers with advanced analytical tools and cooperation from KYC-compliant exchanges.

Moreover, the legal scrutiny surrounding mixers has intensified. For instance, platforms like Tornado Cash have faced allegations of facilitating money laundering, leading to increased regulatory and law enforcement attention. Engaging with such services raises red flags and potentially implicates users in broader investigations beyond tax evasion.

Conclusion

The notion that crypto transactions are invisible to the ATO is a myth. The inherent transparency of blockchain technology, the detailed records kept by KYC-compliant exchanges, and the dubious security offered by mixers all mean that the ATO has the tools and the will to track crypto transactions. For those dabbling in cryptocurrencies, it's wise to operate under the assumption that all transactions are traceable and to adhere to all tax obligations. Trying to outsmart the ATO with cryptocurrencies is unethical, increasingly challenging, and fraught with risks.

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Frequently asked questions

How is crypto tax calculated in Australia?

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.

How does payment work?

We have an annual subscription which covers all previous tax years. If you need to amend your tax return for previous years you will be covered under the one payment.

Can I use my own accountant?

Yes, Summ (formerly Crypto Tax Calculator) is designed to generate accountant friendly tax reports. You simply import all your transaction history and export your report. This means you can get your books up to date yourself, allowing you to save significant time, and reduce the bill charged by your accountant. You can discuss tax scenarios with your accountant, and have them review the report.

Do you support NFT transactions?

We do! We have integrations with many NFT marketplaces, as well as categorisation options for any NFT related activity (minting, buying, selling, trading).

How does the free trial work?

The platform is free to use immediately upon signup, allowing you to import your transactions and take advantage of our smart suggestion and auto-categorisation engine, portfolio tracking, DeFi and NFT support. For access to reports, the tax loss harvest tool or chat and priority support, you will need to upgrade to the appropriate paid plan.

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