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Crypto

ATO Defends Crypto Capital Gains Tax Framework

The ATO has intervened in a High Court appeal to ensure Bitcoin remains classified as property, protecting Commonwealth tax revenue and maintaining existing capital gains tax rules for investors.

What happened

The Commissioner of Taxation intervened in the High Court appeal of Poulton v Conrad regarding whether Bitcoin constitutes property at common law. The ATO argued that a negative ruling would threaten its classification as a capital gains tax asset, supporting its draft rulings TR 2026/D1 and TD 2026/D2.

Why it matters here

Australian crypto investors remain subject to capital gains tax on token swaps, sales, and transfers under the ATO's property framework. Any legal shift away from property status would create significant tax uncertainty and potentially alter tax liabilities for individual investors and self-managed super funds holding digital tokens.

What to watch

The High Court of Australia's upcoming decision on Poulton v Conrad alongside final public submissions on draft tax rulings TR 2026/D1 and TD 2026/D2.

Source

kordamentha.com

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