I am a non-resident for tax purposes and I have been for many years but planning to register on exchanges with my Australian details and also disposing of cryptocurrency with profit assuming I get any (selling into AUD and depositing into my bank account in Australia). I plan to trade more than 10 k. Do I have to CGT in Australia even though I am and remain a non-resident for tax purposes?
Hi @Simsalabim,
As a non-resident for Australian tax purposes, you're only subject to capital gains tax (CGT) on taxable Australian property.
Taxable Australian property includes:
A direct interest in real property situated in Australia a mining, quarrying or prospecting right to minerals, petroleum or quarry materials situated in Australia a capital gains tax (CGT) asset that you have used at any time in carrying on a business through a permanent establishment in Australia an indirect interest in Australian real property you and your associates hold 10% or more of an entity, including a foreign entity, and the value of your interest is principally attributable to Australian real property.
Cryptocurrency doesn't fall within this category of property, meaning you don't need to report any CGT gains or losses to us when you complete your income tax return.
You can find more information in the links below :)
ATO Website- Taxable Australian Property
ATO Website- CGT for foreign residents and temporary residents
ATO
Hi @Simsalabim,
As a non-resident for Australian tax purposes, you're only subject to capital gains tax (CGT) on taxable Australian property.
Taxable Australian property includes:
A direct interest in real property situated in Australia a mining, quarrying or prospecting right to minerals, petroleum or quarry materials situated in Australia a capital gains tax (CGT) asset that you have used at any time in carrying on a business through a permanent establishment in Australia an indirect interest in Australian real property you and your associates hold 10% or more of an entity, including a foreign entity, and the value of your interest is principally attributable to Australian real property.
Cryptocurrency doesn't fall within this category of property, meaning you don't need to report any CGT gains or losses to us when you complete your income tax return.
You can find more information in the links below :)
ATO Website- Taxable Australian Property
ATO Website- CGT for foreign residents and temporary residents
ATO
Great question from Simsalabin. I'm in the same situation.
Hi RachATO
Thanks for your answer to Simsalabin's question.
I note your link states that capital gains on real property are taxable for non residents, but I wonder if thats enough for us to assume that everything non real property is cgt free for non residents ?
Are there any links that actually state that capital gains tax on crypto do not apply to non residents ?
I was under the impression non residents had to close their bank accounts and cut of all ties to Australia?
Hi @Jrr1986,
No, non-residents can still choose to have an active Australian bank account. Any interest earned though the bank will withhold tax.
Check info about bank accounts held by foreign residents that you may find helpful.
Hi,
Just want to know when you say "Cryptocurrency doesn't fall within this category of property, meaning you don't need to report any CGT gains or losses to us when you complete your income tax return.", does it mean that we leave Capital Gains and Losses completely blank when filling out myTax? Or do we have to still fill out the crypto gains in the Capital Gains and Losses, enter total gains in "Total current year capital gains", put zero in Net Capital Gain, and choose Code E: Foreign resident CGT exemption (Divsion 855)?
Thanks.
Hi @nicky89,
We're just checking this out to get a definitive answer and will get back to you ASAP.
Hey @nicky89
Non-residents are expected to declare any Australian sourced income (other than dividends, interest and royalties which have been subject to final withholding tax) and to declare capital gains from Taxable Australian property. It's noted that the instructions at 18 Capital gains 2024 are to a large extent focussed on assisting resident taxpayers to lodge their returns and that some instructions apply differentially between residents and non-residents. Unless a non-resident has sold taxable Australian property there would be normally no need to consider question 18 if a non-resident had to lodge a 2024 tax return.
Hi @mototom
I did some digging into the legislation, and was able to find the answer under Subdivision 855-10 of ITAA 1997:
(1) Disregard a capital gain or capital loss from a CGT event if:
(a) you are a foreign resident, or the trustee of a foreign trust for CGT purposes, just before the CGT event happens; and
(b) the CGT event happens in relation to a CGT asset that is not taxable Australian property.
855-20 then explains what we mean by "taxable Australian property". It basically boils down to real property situated in Australia or mining, quarrying or prospecting right (to the extent that the right is not real property) situated in Australia.
This means foreign residents for tax purposes cannot be liable for capital gains on cryptocurrency, as it's not real.
You can read 855-10 and 855-20 on our legal database.
Thanks for that @BlakeATO
I certainly cant find any official info to the contrary.
Is that information still current. Or, has there been any legislative change that might now include crypto?
15 Apr 2026 · 8 min read time
4 Dec 2023 · 9 min read time
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