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SARS is wising up to cryptocurrency – what you need to know about South Africa’s crypto tax

SARS is wising up to cryptocurrency – what you need to know about South Africa’s crypto tax

November 6, 2024

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The rapid rise of digital assets has presented a unique challenge for tax authorities worldwide. While the potential of cryptocurrencies and other digital tokens is undeniable, their decentralised nature and anonymity have made them a haven for tax evasion and illicit activities. The Organisation for Economic Co-operation and Development (OECD) has developed the Crypto-Asset Reporting Framework (CARF) to combat these challenges. This framework aims to increase transparency in the crypto market by requiring crypto asset service providers to report certain transactions to tax authorities, such as the South African Revenue Service (SARS).

Interested in learning more about what all this means for cryptocurrency tax in South Africa? Read on!

Joining the global effort to shed light on crypto trading

South Africa and 46 other countries have committed to implementing the Crypto-Asset Reporting Framework by 2027. This means that crypto exchanges and other service providers operating in South Africa will be obligated to report on specific transactions, including:

  • Crypto-to-fiat exchanges: When crypto assets are exchanged for traditional currencies like the Rand.
  • Crypto-to-crypto exchanges: When one type of crypto asset is traded for another.
  • Crypto-asset payments: When crypto is used to purchase goods or services that exceed a specific value.
  • Transfers of crypto assets: When crypto is moved between wallets.

Crypto-Asset Reporting Framework – the impact on taxpayers

As CARF takes effect, taxpayers must be more vigilant about their crypto transactions. While the specific tax implications of crypto assets are still evolving, it’s clear that SARS intends for these to be subject to income tax rules.

This means that any profits or gains from crypto investments will be taxable. To avoid potential penalties and legal issues, as a taxpayer, you are advised to:

  • Declare crypto income: Report any income or capital gains from crypto activities on your tax returns.
  • Keep accurate records: Maintain detailed records of all crypto transactions, including purchase prices, sale prices, and any associated fees.
  • Stay informed: Ensure you’re up to speed with the latest tax regulations and guidelines related to crypto assets.

Is cryptocurrency legal in South Africa?

Yes, cryptocurrency is legal in South Africa. However, it is not considered legal tender. This means it can’t be used to pay taxes or fines. While cryptocurrency is legal, it’s subject to various regulations, including tax laws. SARS treats cryptocurrency as an asset, so profits or losses from trading or investing in cryptocurrencies are taxable.

Understanding taxes in the digital age

As technology continues to evolve, so does how we conduct financial transactions. With the surge of cryptocurrencies and other digital assets, understanding the tax implications of these new technologies is essential.

How are digital assets taxed?

Digital assets are generally treated as property for tax purposes. Any profits or losses from buying, selling, or trading these assets can be subject to income tax or capital gains tax.

Do I need to pay tax on crypto assets in South Africa?

Yes, you do. Any profits or gains from crypto asset transactions in South Africa are subject to income tax. If you’ve been trading cryptocurrencies, you must declare these gains on your ITR12 tax return.

How does crypto tax work in South Africa?

As mentioned above, there are two main ways your crypto gains could be taxed:

  1. Income Tax: Your profits may be taxed as income if you’re actively trading cryptocurrencies. You’ll need to include these gains in your annual income tax return.
  2. Capital Gains Tax: If you’re holding crypto as a long-term investment, any profits you make when you sell it could be subject to capital gains tax.

What records do I need to keep for SARS crypto tax purposes?

To accurately calculate your tax liability, it is essential to keep detailed records of all your crypto transactions, including:

  • Purchase prices
  • Sale prices
  • Transaction fees
  • Any associated expenses

What are the tax implications of cryptocurrency in South Africa?

SARS treats cryptocurrencies as “assets of an intangible nature.” Any profits or losses you make from buying, selling, or trading cryptocurrencies are subject to tax.

  1. Crypto-to-crypto trades:
    – These are considered barter transactions.
    – Any profit made is treated as a capital gain and is taxed at 18%.
  2. Crypto payments for goods or services:
    – Similar to crypto-to-crypto trades, these are also considered barter transactions.
    – Any profit or loss is calculated based on the fair market value of the crypto at the time of the transaction.
  3. Mining, staking, and airdrops:
    Income from mining and staking is generally taxed as ordinary income at a rate of 45%.
    – However, if you hold these assets long-term, you may be able to claim a lower capital gains tax rate of 18%.
    – Airdrops are treated similarly to mining and staking income.

Remember:

  • SARS has increased its scrutiny of crypto transactions, so it’s essential to be prepared for potential audits.
  • SARS recommends using the First-In, First-Out (FIFO) method to track your crypto assets’ cost basis.
  • Crypto tax laws are still evolving, so stay updated on the latest developments.

How SARS tracks crypto transactions

While SARS will not publicly disclose specific methods for tracking crypto transactions, it’s clear that they have the tools and authority to do so. Here are some potential methods:

  1. Third-party data: SARS can obtain financial information from cryptocurrency exchanges and other financial institutions operating in South Africa. These institutions are required to report specific transactions to SARS.
  2. Blockchain analysis: Blockchain technology is public and transparent. By analysing blockchain data, authorities can trace the movement of cryptocurrencies.
  3. Taxpayer reporting: Taxpayers are responsible for accurately declaring their crypto income and capital gains on their tax returns. This includes providing detailed records of all crypto transactions.

It’s important to note that the exact strategies SARS uses for tracking crypto transactions will vary and evolve. The key takeaway is that crypto transactions are not anonymous, and taxpayers should know their tax obligations.

FinGlobal: tax specialists for South Africans around the world

You don’t need to handle your tax compliance on your own. FinGlobal has a team of seasoned tax professionals specialising in South African tax law, including taxing digital assets such as cryptocurrency. We can take care of the complex tax filing and compliance process on your behalf, saving you time and effort. By entrusting your tax affairs to our team, you can have peace of mind knowing that your taxes are being handled correctly.

To learn more about our convenient, reliable cross-border financial services, please leave your contact details below, and we’ll be in touch to discuss your unique requirements.

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