Most helpful replyATO Certified Response
Author: AriATO(Community Support)Community Support ATO Certified Response17 Nov 2022
Hello @promenade
You can’t claim a capital loss just because an exchange had halted withdrawal or trading of your crypto assets. ASIC announced on 16 November 2022 that it had suspended the Australian financial services licence of FTX Australia Pty Ltd (AFS licence 323193) until 15 May 2023 and said:
“Until 19 December 2022, FTX Australia can continue to provide limited financial services that relate to the termination of existing derivatives with clients.”
If you have terminated a derivative position with FTX on or before 19 December 2022 and have incurred a loss, you have made a capital loss.
Outside of this, you will only make a capital loss when a CGT event happens to your crypto assets, most likely such as when event C1 or C2 applies to your crypto assets. Whilst a CGT event can occur for shareholders in companies when the liquidator makes a declaration that no more distributions will be made-event G3, this CGT event does not apply to cryptocurrency investments.
In order to demonstrate how a CGT event occurred, you should keep records which show you owned the crypto assets, like receipts when you buy, transfer or dispose of crypto assets, as well as evidence that the asset is lost or destroyed or cancelled or surrendered or similar endings. For more information go to Keeping crypto records (QC 69955).