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1Charlie(Newbie)Newbie
10 Jan 2022

I lost around $26,000 in what was supposed to be invested in shares, and now looks to be lost to scam activity. Can I declare this as a capital loss against capital gains made from a property sale in this same financial year?

8,529 views
4 replies
8,529 views
4 replies

Most helpful response

Most helpful reply

RichATO(Community Support)Community Support
11 Jan 2022

Hello @1Charlie


The short answer is that unless you gained ownership of the shares before being defrauded you can't claim a capital loss.


A similar question has been asked previously on this forum and the detailed answer provided here to the tax deduction for scam question will give you more details.


The underlying principle around the capital loss question is that capital losses only apply to owned CGT assets. If you didn't actually own anything you can't make a claim.

All replies

Most helpful reply

RichATO(Community Support)Community Support
11 Jan 2022

Hello @1Charlie


The short answer is that unless you gained ownership of the shares before being defrauded you can't claim a capital loss.


A similar question has been asked previously on this forum and the detailed answer provided here to the tax deduction for scam question will give you more details.


The underlying principle around the capital loss question is that capital losses only apply to owned CGT assets. If you didn't actually own anything you can't make a claim.

1Charlie(Newbie)Newbie
20 Jan 2022

Thankyou kindly for you’re prompt reply.


For some more context, I reinvested some of the capital gains from a property sale into the purchase of some shares. I do have documents showing ownership of the shares. But now have been cut off from any contact with the brokerage which now appears to be a scam.

ATO Certified Response
BlakeATO(Community Support)Community Support
ATO Certified Response21 Jan 2022

Hi @1Charlie


The same practice and proof of ownership for loss of cryptocurrency will apply to your share portfolio. You'll need to be able to prove the transfer of funds, ownership, and inability to contact the brokerage/exchange platform and perform transactions with your shares to be able to claim a capital loss.

JayR23(I'm new)I'm new
20 Sept 2023

Hi 1Charlie. I'm here reading this post as I'm in the exact same situation. Scammed out of around $20k through the exact same method. Interested to hear your story and if the group that got you is the same as who got me.

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Can money lost in an investment scam be offset against capital gains from property sale | ATO Community