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demi23(Newbie)Newbie
7 Mar 2024

Let’s say, instead of buying a lotto ticket someone invests in extremely low market cap crypto coins ($10,000 AUD total market value) such as coins that were created yesterday.


Every week they put $25 into newly created coins, 99.9% of the time the value drops to near zero, and their $25 is now worthless.


But one week they get lucky, and a coin absolutely explodes in value to upwards of 100m AUD


That $25 would now be roughly $250,000


Once they sell are they subject to pay CGT on this? or would this be considered gambling due to the extremely high risk of this?


Given that this is extremely unlikely to happen, if this isn’t considered gambling by law it probably should be.

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Bruce4Tax(Taxicorn)Taxicorn
7 Mar 2024

Crypto investment is taxed under capital gains tax law.


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Ken_Oath(Master)Master
8 Mar 2024

@Bruce4Tax, this is slightly interesting.

If I buy a ticket to back a horse at Flemington races, any gains or losses arising from that ticket are usually considered to be irrelevant for income taxes.

(I'm not considering becoming a professional gambler.)

So if I buy some crypto, why does ATO think it is different to having a punt on the outcome of a horse race ?

I need some research and increased understanding.

Bruce4Tax(Taxicorn)Taxicorn
10 Mar 2024

So if I buy some crypto, why does ATO think it is different to having a punt on the outcome of a horse race ?


While my personal opinion is that it is gambling, it is the same sort of gambling as speculative mining shares = taxed under CGT, unless personal use or trading.


https://www.ato.gov.au/individuals-and-families/investments-and-assets/crypto-asset-investments/how-to-work-out-and-report-cgt-on-crypto


Ken_Oath(Master)Master
10 Mar 2024

@Bruce4Tax the ATO blog page you kindly linked in reply above is somewhat curious, and begins with this opening comment :


If you acquire a crypto asset as an investment, ...


But the subsequent discussion appears silent about what happens if you do NOT acquire a crypto asset as an investment.



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Can crypto investing be considered gambling? | ATO Community