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May 20, 2025 8 mins

A recent ruling by a Victorian magistrate in Australia has potentially significant implications for the taxation of Bitcoin transactions. During a theft case involving a former police officer, the judge determined that Bitcoin should be treated similarly to Australian dollars, classifying it as property but not subject to capital gains tax. This contrasts with the Australian Taxation Office's long-standing position, which has treated Bitcoin as a capital gains asset since 2014. If this ruling is upheld on appeal, which is not expected until late 2025, it could lead to substantial tax refunds for Bitcoin holders who paid CGT after 2019. The defence team is appealing the ruling that Bitcoin is property at all, arguing it is simply information.

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