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Bitcoin and other cryptocurrencies have recently become increasingly popular as an investment, and many SMSF trustees are now considering whether to invest in Bitcoin. However, as this is a relatively new asset class, there is still some uncertainty as to whether it is prudent (or even possible) for an SMSF to invest in Bitcoin. There is also some uncertainty amongst investors as to what Bitcoin actually is.
Bitcoin is a type of currency that can be used for direct payment, although unlike normal currency it operates independently of any government or bank, it can only be stored in digital format and it is substantially unregulated.
The ATO’s view is that Bitcoin, at least for income tax purposes, is neither money nor a form of currency, and it is an asset for CGT purposes.
While we cannot advise as to whether it is prudent for an SMSF to invest in Bitcoin, we note that it is possible for an SMSF to do so without breaching the superannuation legislation, subject to our comments below.
First of all, the SMSF’s trust deed should allow for the SMSF to invest in Bitcoin and/or crypto-currency or digital currency. If the SMSF deed does not allow for these investments, we recommend that it be upgraded in this regard.
Secondly, as for any SMSF investment, Bitcoin and crypto-currency should be included in the SMSF’s written investment strategy.
Also, the ATO’s view that Bitcoin is an asset rather than money (and is not a listed security) means that an SMSF cannot acquire Bitcoin from a related party such as a member, as to do so would constitute a breach of the general prohibition against SMSFs acquiring assets from related parties.
It is also necessary for any investment by an SMSF in Bitcoin to satisfy the various other ‘tests’ set out in the superannuation legislation, such as the “sole purpose test”, the ‘prudent person test’, and the ‘arm’s-length test’.
There may also be other administrative requirements to be considered (for one thing, the ATO has stated that various records are to be kept in relation to bitcoin transactions).
We recommend that any SMSF trustee that is considering investing in Bitcoin first obtain detailed advice in relation to incidental superannuation compliance and administrative issues.
This information has been prepared without taking into account your objectives, financial situation or needs. Because of this, you should, before acting on this information, consider its appropriateness, having regard to your objectives, financial situation or needs.
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