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  • Crypto as a personal use asset

    Work out if your crypto asset is a personal use asset and when a personal use crypto asset is exempt from CGT.

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    What is a personal use asset?

    A crypto asset is a personal use asset if you keep or use it mainly for personal use. The most common situation of personal use of crypto assets is to buy items for personal use or consumption.

    This page relates only to traditional cryptocurrencies (such as Bitcoin). See Non-fungible tokens for information on their use as personal use assets.

    The relevant time for determining if a crypto asset is a personal use asset is when you dispose of it:

    • A crypto asset you acquire and use in a short period of time to buy items for personal use or consumption is more likely to be a personal use asset.
    • A crypto asset you acquire and hold for some time before you use it, or only use a small proportion of it, to buy items for personal use or consumption is less likely to be a personal use asset.

    During a period of ownership, the way you keep or use a crypto asset may change. For example, you may originally acquire a crypto asset to buy items for personal use and enjoyment, but ultimately keep it as an investment or use it in carrying on a business. It is the main use, that you determine when you dispose of a crypto asset, that dictates whether a crypto asset is a personal use asset.

    Using crypto to buy items for personal use or consumption

    A capital gain on the disposal of a crypto asset is disregarded if both:

    • it is a personal use asset
    • you acquire it for less than $10,000.

    A capital gain on a personal use asset is not disregarded if it cost you more than $10,000 to acquire the asset.

    You disregard all capital losses you make on personal use assets, including crypto assets, for CGT purposes. That is, you don't take that loss into account when calculating a net capital gain for the income year. You also can't carry it forward as a capital loss to use in future income years.

    Example: crypto asset for personal use held for short period

    Michael wants to attend a concert. The concert provider offers tickets with a discount on the price for payments made in crypto.

    Michael pays $270 to buy crypto assets, which he then uses to pay for the tickets on the same day.

    Under these circumstances, Michael acquires and uses the crypto assets in a short period of time to buy personal items. As such, the crypto assets are personal use assets.

    End of example

    When crypto is not a personal use asset

    Crypto assets are not personal use assets when you keep or use them:

    • as an investment
    • in a profit-making scheme
    • in carrying on a business.

    Example: crypto assets held as investment to make profit

    Peter has been regularly keeping crypto assets for over 6 months with the intention of selling at a favourable exchange rate.

    After 6 months, he decides to buy some goods and services directly with some of his crypto assets.

    Because Peter held the crypto assets primarily as an investment, they are not personal use assets.

    End of example

    Except in rare situations, a crypto asset is not a personal use asset if you:

    • have to exchange your crypto asset for Australian dollars (or for a different crypto asset) to buy items for personal use or consumption
    • use a payment gateway or other bill payment intermediary to acquire the items on your behalf (rather than acquiring them directly with your crypto assets).

    Example: using a payment gateway for personal use items

    Josh pays $50 each fortnight to acquire crypto assets, all of which he uses in the same fortnight to buy computer games. He doesn't hold any other crypto assets.

    In one fortnight, Josh sees a computer game for sale through an online retailer who doesn't accept crypto assets. Josh uses an online payment gateway that accepts crypto assets to buy the game.

    Under the circumstances in which Josh acquires and uses the crypto assets, the crypto assets (including the amount he uses through the online payment gateway) are personal use assets. The one-off use of a payment gateway doesn't change the nature of his regular use of crypto assets.

    End of example
    Last modified: 29 Jun 2022QC 69954