Crypto Regulation in Australia

Legal

Tax Information

Capital Gains (Personal)
Capital gains tax at marginal income tax rates (19-45%); 50% CGT discount if held > 12 months; crypto is a CGT asset per ATO guidance
Capital Gains (Corporate)
25-30% CIT (depending on turnover); no 50% CGT discount for companies
VAT on Crypto
No
Staking Tax
Staking rewards taxable as ordinary income at receipt; subsequent disposal subject to CGT
Airdrop Tax
Taxable as ordinary income at market value upon receipt
Mining Tax
--

Licensing & Registration

License Required
Yes
Regulator
ASIC / AUSTRAC (Australian Securities and Investments Commission / Australian Transaction Reports and Analysis Centre)
Framework
Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AUSTRAC registration); Corporations Act 2001 (ASIC for financial products); Treasury consultation on crypto asset regulation (2023-2025)
License Types
--
Estimated Cost (USD)
$20,000 - $100,000 (AUSTRAC registration + AFSL if required)
Timeline
3-12 months
Ease of Licensing
Moderate

AML / KYC

KYC Required
Yes
Travel Rule
Yes
FATF Member
--
FATF Status
--
Suspicious Activity Reporting
--

Mining

Mining Legal
Yes
Status
Legal
Electricity Cost ($/kWh)
$0.12
Renewable Energy
30%
Climate
Temperate
Infrastructure
Excellent
Tax on Mining Income
25-30% CIT (depending on turnover); no 50% CGT discount for companies

DeFi, Stablecoins & NFTs

DeFi: unregulatedStablecoins: regulatedNFTs: unregulatedCBDC: research - RBA completed CBDC pilot project (Project eAUD) in 2023; continuing research phase

Soken Services

Legal Opinion
Available | $3,000 - $12,000 | 10 days
Banking
Difficulty: Medium | Crypto-friendly banks: Macquarie Bank, Bendigo Bank
Min. Deposit
$10,000
Fiat Rails
SWIFT
Card Payments
Visa, Mastercard
Company Registration
$8,000 | 30 days | Limited Liability Company
Licensing Support
Available | $25,000 - $100,000

Sources

ASIC AUSTRAC Treasury
verified

Frequently Asked Questions

Is crypto legal in Australia?
Cryptocurrency is currently classified as "Legal" in Australia.
What is the crypto tax rate in Australia?
In Australia, the personal capital gains tax on crypto is Capital gains tax at marginal income tax rates (19-45%); 50% CGT discount if held > 12 months; crypto is a CGT asset per ATO guidance, and the corporate tax rate is 25-30% CIT (depending on turnover); no 50% CGT discount for companies.
Do I need a crypto license in Australia?
Yes, a crypto license is required in Australia. The regulator is Australian Securities and Investments Commission / Australian Transaction Reports and Analysis Centre under Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AUSTRAC registration); Corporations Act 2001 (ASIC for financial products); Treasury consultation on crypto asset regulation (2023-2025). Estimated licensing cost: $20,000 - $100,000 (AUSTRAC registration + AFSL if required).
Is crypto mining legal in Australia?
Yes, crypto mining is legal in Australia. Electricity costs approximately $0.12/kWh. Mining income is taxed at: 25-30% CIT (depending on turnover); no 50% CGT discount for companies.
What are the AML/KYC requirements for crypto in Australia?
Yes, crypto businesses in Australia must comply with KYC (Know Your Customer) requirements. The FATF Travel Rule is implemented.