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Crypto Taxation

Is crypto still taxed in Australia? Major legal update, explained

Last updated: June 19, 2025 5:45 pm
Published: 9 months ago
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The ATO has not changed its policy yet, but the outcome of the appeal could set a transformative precedent for future crypto taxation in Australia.

Australia’s cryptocurrency tax landscape is undergoing significant scrutiny and potential transformation in 2025. With the Australian Taxation Office (ATO) intensifying its focus on digital assets and recent legal developments challenging existing tax interpretations, both investors and policymakers are navigating a complex and evolving environment.

Let’s dive into the Australian cryptocurrency market and taxation to find out what has changed and whether it is favorable for crypto users or not.

Australia has rapidly emerged as a global leader in cryptocurrency adoption. Data from the 2025 Independent Reserve Cryptocurrency Index (IRCI) reveals that approximately 31% of Australians have owned or currently own cryptocurrency, positioning the nation among the top adopters worldwide.

With 93% of Australians aware of at least one cryptocurrency, Bitcoin remains the most recognized and held digital asset. Approximately 70% of crypto investors include it in their portfolios.

The surge in adoption is not limited to individual investors. Institutional interest is also on the rise, with major financial institutions like BlackRock, Grayscale and VanEck integrating digital assets into their offerings. The Australian Securities Exchange listed its first spot Bitcoin exchange-traded fund (ETF) on June 20, 2024, when VanEck’s VBTC began trading, marking a major milestone for regulated crypto exposure in Australia.

Australia’s cryptocurrency market is supported by a robust network of exchanges, both domestic and international. Some exchanges operating in the country include:

Additionally, Australia has seen a significant increase in the number of cryptocurrency ATMs, becoming a leader in the Asia-Pacific region.

As of May 2025, there are approximately 1,817 crypto ATMs across the country, with major concentrations in Sydney (631), Melbourne (382), Brisbane (319), Perth (159) and Adelaide (110).

However, this rapid growth has attracted regulatory scrutiny. AUSTRAC has raised concerns about potential money laundering activities facilitated through these ATMs and has emphasized the need for operators to implement robust Anti-Money Laundering (AML) and counter-terrorism financing (CTF) measures.

Moreover, Australia’s regulatory environment has been evolving to accommodate this growth. The Australian Securities and Investments Commission (ASIC) and the ATO have been actively developing policies to protect investors while encouraging innovation.

Did you know? In October 2024, Coinbase became the first official cryptocurrency partner of the Nike Melbourne Marathon Festival. Through this marketing partnership, over 35,000 participants were offered digital medals with permanent records of their race results stored on the blockchain. Additionally, runners had the opportunity to receive $20 in Bitcoin upon completing their first trade on Coinbase, aiming to introduce them to the crypto economy in a secure and engaging manner.

In Australia, cryptocurrencies are treated as property rather than currency. Consequently, disposing of crypto assets, whether through selling, trading, gifting or using them for purchases, triggers a capital gains tax (CGT) event.

The ATO mandates that all cryptocurrency transactions be reported in annual tax returns. In Australia, the financial year runs from July 1 to June 30, and tax returns are generally due by Oct. 31 of the same calendar year.

Did you know? The ATO has initiated a data-matching program targeting approximately 700,000 to 1.2 million individuals and entities each financial year. This initiative aims to identify taxpayers who may have failed to report disposals of crypto assets in their income tax returns. By acquiring data from cryptocurrency exchanges and matching it against ATO systems, the program seeks to enhance compliance and ensure accurate tax reporting.

Thus, the ATO has been actively treating crypto as property for taxation. So, what has really changed?

A May 2025 ruling by a Victorian magistrate in Australia has sparked significant discussions regarding the classification of Bitcoin and its implications for capital gains tax.

However, it is important to note that this ruling is currently under appeal and has not yet altered the ATO’s enforcement policies. Until further notice, the ATO continues to require that Bitcoin and other crypto assets be reported as CGT assets.

Australia’s crypto tax regime may be standing on the brink of significant change. While the current framework continues to classify digital assets like Bitcoin as property, the legal landscape is shifting fast.

The landmark ruling in May 2025 that labeled Bitcoin as “Australian money” opens the door to possible tax exemptions on crypto disposals.

But there’s a catch: The ruling is under appeal, and the ATO has not updated its guidance. Until a higher court confirms the reclassification, all individuals and businesses must continue to comply with existing tax rules.

Looking ahead, 2025 could become a watershed year for digital asset policy in Australia. Policymakers, regulators and legal experts are closely watching the case, knowing that its final verdict could reshape how crypto is treated, not just legally, but economically.

For crypto holders, investors and builders, what is the best move for now?

Stay informed, maintain clear records, and follow the ATO’s current directives. Because if things do change, they could change fast and in your favor.

This article does not contain investment advice or recommendations. Every investment and trading move involves risk, and readers should conduct their own research when making a decision.

Read more on Cointelegraph

This news is powered by Cointelegraph Cointelegraph

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