Cryptocurrency and SMSFs
Cryptocurrency is an exciting but high-risk investment option. If you're considering holding crypto in your Self-Managed Super Fund (SMSF), it's important to understand the rules, risks, and compliance requirements. This guide covers the essentials for SMSF trustees looking to invest in digital currencies.
What Is Cryptocurrency?
- Cryptocurrency is a digital, encrypted, and decentralized medium of exchange. Unlike cash or bank deposits, it is not currently regulated by the Australian government, though regulation is under discussion, with Treasury releasing a consultation paper in October 2023 on crypto-asset service providers.
- Cryptos are stored in digital wallets, which hold public and private keys that allow the receipt and spending of digital assets. Transactions and balances are recorded in a digital ledger that is automatically updated.
Storing Cryptocurrency in an SMSF
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Cryptocurrency in an SMSF is typically stored in either hot wallets or cold wallets:
- Hot Wallets: Connected to the internet, making them easier to access but more vulnerable to hacks.
- Cold Wallets: Offline storage, often hardware devices, which are more secure but less convenient to access.
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Wallets can also be custodial (held on a third-party platform) or non-custodial (private keys held by the SMSF). Cold wallets are usually non-custodial for enhanced security.
Can My SMSF Invest in Cryptocurrency?
Trust Deed Considerations
- Your SMSF trust deed must allow investments in cryptocurrency. Older deeds may not mention crypto specifically but often include broad clauses permitting investments in "any asset allowed under SISA & SISR." If your deed has such a clause and does not prohibit crypto, the SMSF may proceed.
Restrictions on Acquiring Crypto
- SMSFs cannot purchase cryptocurrency from members or related parties, as this is prohibited under superannuation law.
- All crypto investments must be made at arm's length and paid for directly from the SMSF bank account.
Tax Implications
Risks to Consider
Record-Keeping and Reporting
Frequently Asked Questions
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How can cryptocurrency be included in an SMSF investment strategy?
- Update the investment strategy or record a trustee resolution to document the rationale, risk considerations, and alignment with member objectives.
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What ATO guidelines apply?
- Trust deed must allow the investment.
- Investment must comply with superannuation rules.
- Must align with the SMSF's investment strategy and objectives.
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How does crypto align with the sole purpose test?
- Crypto can diversify the SMSF portfolio. However, investing a high proportion in crypto near retirement may not satisfy the prudence expected under the sole purpose test. Trustees must avoid personal financial gain from SMSF assets.
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How to integrate crypto into an SMSF portfolio?
- Ensure clear SMSF ownership.
- Purchase crypto directly from the SMSF bank account.
- Maintain thorough documentation of the purchase and ongoing management.
Conclusion
- Investing in cryptocurrency via an SMSF can offer diversification and potential growth, but it requires careful planning, robust record-keeping, and strict compliance with superannuation regulations.
- As auditors, we help ensure your SMSF's crypto investments meet all legal and compliance requirements.