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TIMN75(Newbie)Newbie
26 Mar 2024

If I've held crypto for >1 year, and sell at a profit against cost, what would happen if I were to rebuy the same number of assets, same crypto, at a lower price within 30 days of selling. I'm aware of implications were I to sell at a loss: it would be viewed as a wash trade. But in this case the volatility means I might buy back at a much better price.


Example: I have 2 BTC bought for $20,000 5 years ago and now worth (for example) $70,000 each. I sell at this price, then a week later buy 2 BTC at a lower price of $60,000.


The first trade suggests I would pay CGT on $100,000, with a 50% discount. But if I rebuy within 30 days I actually only realised $20,000 profit. Would I only pay CGT on this (with the 50% discount)?


Continuing, were I now to sell once again at further profit a few months (less than a year) later, would I still be entitled to the CGT discount? Which of the following would be the right calculation of funds on which CGT would be payable (consider as within 1 tax year)?


Trade 1 (2018): Buy @$20,000 * 2 = -$40,000

Trade 2 (Now): Sell @$70,000 *2 = $140,000

Trade 3 (within 30 days): Buy @$60,000 *2 = -$120,000

Trade 4 (3 months later): Sell @$80,000*2 = $160,000


Option a): treated as two wholly separate CGT events and discount is lost for second sale

0.5* (140000-40000)

plus

(160000-120000)


or Option b) treated as two wholly separate CGT events and discount is retained for second sale

0.5* (140000-4 0000)

plus

0.5* (160000-120000)


or Option c) initial sale and repurchase fall under 30 day consideration but discount is lost for second sale

0.5* (140000-120000)

plus

(160000-40000)


or finally d) initial sale and repurchase fall under 30 day consideration and discount is retained for second sale

0.5* (140000-120000)

plus

0.5* (160000-40000)


Thanks

2,864 views
3 replies
2,864 views
3 replies

Most helpful response

Most helpful reply

AriATO(Community Support)Community Support
2 Apr 2024

Hi @TIMN75


Are you a trader or investor?


If you're an investor, you'd work out CGT when you sell your crypto assets. If you sell and buy similar assets later this is a separate event. You'd work out CGT on the assets you later purchased, when you sell them.


The CGT discount applies to assets you own for 12 months or more and you need to be an Australian tax resident. If you sell your crypto assets and later buy similar ones, your ownership period doesn't continue from your old assets to your new assets. It restarts.


If you intend on doing this and you'd like to know if a wash sale exists, its best to get tailored technical assistance from us. Also check Crypto and your taxes.

All replies

Most helpful reply

AriATO(Community Support)Community Support
2 Apr 2024

Hi @TIMN75


Are you a trader or investor?


If you're an investor, you'd work out CGT when you sell your crypto assets. If you sell and buy similar assets later this is a separate event. You'd work out CGT on the assets you later purchased, when you sell them.


The CGT discount applies to assets you own for 12 months or more and you need to be an Australian tax resident. If you sell your crypto assets and later buy similar ones, your ownership period doesn't continue from your old assets to your new assets. It restarts.


If you intend on doing this and you'd like to know if a wash sale exists, its best to get tailored technical assistance from us. Also check Crypto and your taxes.

greg458263(Dynamo)Dynamo
1 May 2024

Crypto involves constant wash trading. Using BTC as a base currency means constantly buying and selling BTC. As every time you buy another coin using BTC you are also selling BTC. A crypto swap is both a buy and a sell. Sell that coin back into BTC 10 minutes later and you've just wash traded BTC, because you bought back BTC when selling the other coin.


Wash trading schemes are used to move profits and losses to different financial years, to minimise payable tax. I've performed 10s of thousands of wash trades. Analytical tools show that this made zero impact on my payable tax. You'd really have to carefully calculate and time a wash trade to avoid tax, but then the ATO has the tools to catch that.







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Sell crypto and rebuy at lower price within 30 days | ATO Community