CGT 'free kick'?

Discussion in 'Shares & Funds' started by Nigel, 16th Sep, 2021.

Join Australia's most dynamic and respected property investment community
  1. Nigel

    Nigel Well-Known Member

    Joined:
    8th Sep, 2016
    Posts:
    55
    Location:
    Sydney
    Hi there,

    Hypothetically, if I know I had a CGT bill of $10k at EOFY waiting for me, can I not get a 'free kick' by investing $10k in crypto/shares? If whatever is invested in goes to 0, I could offset the loss to the $10k CGT. Or, if the $10k share/crypto investment has a 10% gain, I could sell it and still just pay the CGT I initially was going to, along with the CGT for the additional?

    Is this correct? and is this something that is done.

    Thanks,
     
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    41,922
    Location:
    Australia wide
    no
     
  3. Trainee

    Trainee Well-Known Member

    Joined:
    24th May, 2017
    Posts:
    10,323
    Location:
    Australia
    Gains and the tax on gains are not the same thing.
     
  4. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,224
    Location:
    Sydney or NSW or Australia
    Only if you sell the crypto.

    Yes but you have to sell to realise the gain.
     
    qak likes this.
  5. DanW

    DanW Well-Known Member

    Joined:
    26th Jun, 2015
    Posts:
    793
    Location:
    Sydney
    I think the answers above are just answering whether you can offset the loss - i.e. no you can't claim this years loss against last years gain. You can only do it the other way around (i.e. claim last years loss against this years gain). The ATO makes more money that way by allowing it to work one way only.

    For this reason its good NOT to put your tax funds into something that can go to ZERO! e.g. Americans made crypto gains before EOFY then couldn't pay the tax when it crashed down in the new financial year. It's a pretty harsh one-way rule but that's life when it comes to tax, kinda have to be cautious.

    In answer to your other question - YES you can make investment returns on money that will be owed as tax in future. This is one reason I was happy to sell property at the start of the financial year, because I can earn yield on the money for 10 months before I have to pay the CGT. Of course I'll have to pay tax on the yield as well, so everybody is happy.
     
  6. Nigel

    Nigel Well-Known Member

    Joined:
    8th Sep, 2016
    Posts:
    55
    Location:
    Sydney
    Thanks Scott, I should have stipulated that yes, I would be selling, also within the same FY... Eg if the crypto had a 99% decline and went to $10, I could offset the $10k gain with the (almost) $10k loss meaning I have a 'free-hit' (assuming i'll be selling within the same FY as the initial gain). Curious to know if this is something that people do.
     
  7. Nigel

    Nigel Well-Known Member

    Joined:
    8th Sep, 2016
    Posts:
    55
    Location:
    Sydney
    Appreciate the detailed response and super helpful, thank you Dan. Using my example, I'd be claiming the loss in the same year as the gain, ie. sold a business last month for $10k gain owing next year. I have around 9 months to invest $10k as a 'free-kick' in let's say blue chip shares. If the share loses most of it's value (worst case) and is sold within the same FY, I could offset the loss. However if the shares go up 50% leading to a $5k gain, all i'd be doing is paying the initial $10k CGT + the new CGT from the $5k share gain?
     
  8. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    41,922
    Location:
    Australia wide
    If you had a capital loss you could realise a capital gain in the same year so they cancel each other out. If the loss came first it would be rolled over to future years.

    But watch out if you sell something and buy it back to gain a tax advantage.
     
  9. Nigel

    Nigel Well-Known Member

    Joined:
    8th Sep, 2016
    Posts:
    55
    Location:
    Sydney
    Got it thanks Terry, it would be a one-off sale at a loss (if a loss incurred) rather than buying back.
     
  10. qak

    qak Well-Known Member

    Joined:
    1st Jun, 2017
    Posts:
    1,673
    Location:
    Sydney
    Ignoring the CGT calculation fail (tax v loss as noted above) I'm wondering why you would be happy to lose $10,000?
    Do you realise that you are better off with an after-tax gain than a loss?
     
  11. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,224
    Location:
    Sydney or NSW or Australia
    I'd much rather have 60% of something rather than 100% of nothing. :confused:
     
  12. Nigel

    Nigel Well-Known Member

    Joined:
    8th Sep, 2016
    Posts:
    55
    Location:
    Sydney
    If i'm losing $10k based on CGT, i've lost the $10k regardless - my query is more, can I not invest an additional $10k in the same year with the aim of selling within the same year of the existing gain and IF I lose say 50% on the additional $10k investment, I can offset that from the initial CGT anyway. So not losing anything more than what I was initially anyway.
     
  13. DanW

    DanW Well-Known Member

    Joined:
    26th Jun, 2015
    Posts:
    793
    Location:
    Sydney
    Nooo.... if you owe $10k CGT, that's probably from a $40k gain if it's a 25% rate after discount..
    So if you now lose $10k you're not losing the tax, you're just making a loss against the original $40k (40k - 10k = 30k gain).
    If this doesn't make any sense, better to see an accountant :)
     
    qak likes this.
  14. Nigel

    Nigel Well-Known Member

    Joined:
    8th Sep, 2016
    Posts:
    55
    Location:
    Sydney
    Ahhhh, thank you!
     

Price Accounting are a leading tax service for your property + tax issues. Contact Paul@PFI for property focussed tax services using our client portal access, digital signing and checklist based approach for best pricing. Free client pack included.