The Treasury launched consultation 'Clarifying crypto not taxed as foreign currency'. Deadline for comments is 30 September 2022.
On 22 June 2022, the Australian Government announced it would introduce legislation to exclude cryptoassets such as Bitcoin from being treated as a foreign currency for Australian income tax purposes. The proposed legislation maintains the current tax treatment of cryptoassets 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 published for public consultation.
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.