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Shahsohail(Newbie)Newbie
5 May 2024

Hi I just opened an SMSF investing account with CMC markets to buy crypto. CMC Markets does not allow transfer of crypto to a separate wallet and all crypto assets have to be with CMC markets unless sold and withdrawn in cash.


super laws require that (Copied from ATO Site)

" An SMSF’s crypto assets must be held and managed separately from the personal or business investments of trustees and members. This includes ensuring the SMSF has clear ownership of the crypto assets. This means the fund must maintain and be able to provide evidence of a separate crypto wallet for the SMSF from that used by trustees and members personally.


I understand the key point above is separation of SMSF and personal cryto asset. the account opened is in our SMSF name and any asset acquired would be for SMSF. Question is that since SMC Markets will not allow transfer of assets to a crypto wallet and assets will remain there as long as they are held, will it be in line with the Super laws? Specially, the text highlighted above? Do we really need a wallet for keeping SMSF assets?


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1,242 views
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Most helpful reply

TobyJDodd(Devotee)Registered Tax Professional
5 May 2024

Hi @Shahsohail


As long as the CMC account is in the SMSF name, and only used for SMSF transactions, then there is no breach of the separation of assets requirements.


However the issues may come with from your SMSF auditor.


The hardest parts of auditing this type of cryptocurrency holding arrangement are proving the SMSF holding exists, the fund has control of the coins and they are legally held. (Not just a share of a pool of coins)


Your auditor will probably want a copy of a yearly independent audit report of CMC markets from a reputable auditor.


I note: please ensure your funds investment strategy allows investments in cryptocurrency and you acknowledge the high risk of the asset class.


Toby



All replies

Most helpful reply

TobyJDodd(Devotee)Registered Tax Professional
5 May 2024

Hi @Shahsohail


As long as the CMC account is in the SMSF name, and only used for SMSF transactions, then there is no breach of the separation of assets requirements.


However the issues may come with from your SMSF auditor.


The hardest parts of auditing this type of cryptocurrency holding arrangement are proving the SMSF holding exists, the fund has control of the coins and they are legally held. (Not just a share of a pool of coins)


Your auditor will probably want a copy of a yearly independent audit report of CMC markets from a reputable auditor.


I note: please ensure your funds investment strategy allows investments in cryptocurrency and you acknowledge the high risk of the asset class.


Toby



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Investing in Crypto with CMC Markets is in line with Super laws for segregation of assets? | ATO Community