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30 Sept 2024

Hi All,


I have a query regarding a crypto presale I took part back in Oct 2021. A crypto company took my funds back in 2021 mentioning that they will launch in a couple of months. After sending them my funds in 2021 I was sent an signed agreement describing my allocation and distribution, describing me as the owner of X amount of tokens.


However, for some unavoidable reasons, the crypto company delayed the launch (token generation event) and the launch happened in Feb 2024. My funds were locked with the company in since 2021, which is almost 3 years now.


Since Feb 2024, I get my allocated tokens back as per their designed vesting schedule, which is 10% of my total allocation every month for 10 months. So I got 10% of my tokens in Feb 2024, 10% in March, and so on until it finishes in November 2024.



My question is about CGT discount and whether I am eligible for a 50% 12-month ownership requirement discount.

I had a call with a gentleman (an ATO representative) a few weeks ago and he mentioned that since I sent my funds in 2021, and it's already more than 24 months since my funds were locked, the timing of the selling wouldn't matter and I am eligible for 50% 12-month ownership requirement discount irrespective of when I sell them.

In other words, even if I sell my all some tokens in December 2024, I would still be eligible for a CGT 50% 12 month ownership discount as I invested more than 3 yrs ago.

Following his advise he asked me to post my doubt again on the ATO community to get a an official response for reference purposes.

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4 replies
415 views
4 replies

Most helpful response

Most helpful reply

Deb_ATO(Community Support)Community Support
3 Oct 2024

Hi @LunarEclipse


I can see what you mean.


You'll need to have owned them for at least 12 months.

If you didn't own anything in the time they were delaying the launch, this time wouldn't be included in the 12 months.

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Most helpful reply

Deb_ATO(Community Support)Community Support
3 Oct 2024

Hi @LunarEclipse


I can see what you mean.


You'll need to have owned them for at least 12 months.

If you didn't own anything in the time they were delaying the launch, this time wouldn't be included in the 12 months.

4 Oct 2024

Hi Kylie,

Thanks for your reply. I owned a signed agreement since 2021 (10/11/2021) making me the owner of the tokens. The agreement itself was a sellable commodity, there were folks who were selling it for some profit.

9 Oct 2024

Hi @Deb_ATO,


Just following up on on your comment and my reply to it. Could you please confirm whether my SAFT (Simple agreement for future token) contract, which was issued to me on 10/11/2021 designating me as owner of X amount of tokens would be good to prove ownership for more than 12 months?


It was a sellable commodity as there were some early investors who sold the SAFT contract before the launch in 2024.

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CGT 12 month ownership question on Crypto ICO done in 2021 | ATO Community