Cryptocurrency is a form of unregulated, digital money in which encryption techniques are used to regulate the generation of units of currency and verify the transfer of funds, operating independently of a central bank.
Trust Deed and Investment Strategy
Trustees of an SMSF must review the Trust Deed and Investment Strategy of the Fund to ensure that cryptocurrency is permitted as a form of investment for the Fund. The Trust Deed template that we offer refers to the SIS Act and SIS Regulations and is drafted in a way that does not require regular updates. Our Trust Deed and Investment Strategy do not restrict the Trustees from investing in Bitcoin. Trustees can download the Investment Strategy template and edit it to suit their investment choices.
Ownership and valuation
When investing in cryptocurrency, Trustees must ensure that the Fund has legal ownership over the asset. When registering for a cryptocurrency wallet with a provider, please ensure that the wallet is under the name of the SMSF.
It is an ATO requirement for all assets to be disclosed at market value at year end. Therefore, during the accounting process, we require Trustees whose Funds are investing in cryptocurrencies to provide us with a screenshot of their cryptocurrencies wallets at 30 June confirming the number of units owned as well as the market value of the cryptocurrencies owned by the Fund.
The ATO has issued several guidelines regarding the tax treatment of cryptocurrency investments. When Trustees dispose of cryptocurrencies, the Fund may be subjected to capital gains tax as cryptocurrencies are taxed as a CGT asset.
The ATO has determined that although cryptocurrencies such as Bitcoin may be similar in appearance as “foreign currency”, cryptocurrencies are not considered to be a form of “foreign currency”. For more information on the ATO guidelines, please click on the buttons below:
For more information on taxation in an SMSF, please see here.