Clarifying crypto not taxed as foreign currency

This consultation process has now been completed. Submissions available
Consultation Type
Exposure Draft Legislation

Key Documents

On 22 June 2022, the Government announced it would introduce legislation to exclude crypto assets such as Bitcoin from being treated as a foreign currency for Australian income tax purposes. The proposed legislation maintains the current tax treatment of crypto assets and removes uncertainty following the decision of the Government of El Salvador to adopt Bitcoin as a legal tender.

Exposure draft legislation, Treasury Laws Amendment (Measures for Consultation) Bill 2022: Taxation treatment of digital currency, and associated draft explanatory material, have been released for public consultation. Interested parties are invited to provide comments.

The draft legislation relies on amending the existing definition of digital currency in the GST Act (A New Tax System (Goods and Services Tax) Act 1999) before adopting it as an exclusion from the definition of foreign currency in the Income Tax Assessment Act 1997.


16 submissions were received for this consultation, including 1 confidential submission.

Blockchain Australia - pdf 248.09 KB
Gammage, Mr Jonathan - pdf 223.58 KB
Haouchar, Mr Abraham - pdf 215.28 KB
Huang, Mr John - pdf 479.5 KB
Joint Bodies - pdf 161.72 KB
Jupp, Mr Aaron - pdf 427.16 KB
KPMG - pdf 163.98 KB
O’Brien, Mr Sean - pdf 345.33 KB
PwC - pdf 228.11 KB
Renton, Mr Brett - pdf 394.15 KB
Slav, Mr Yaro - pdf 221.42 KB