The complete crypto tax guide to BitMEX

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last updated on

1
Dec
2023

What is BitMEX

BitMEX is a leading trading platform specifically designed for cryptocurrency derivatives. The platform provides advanced financial tools enabling users to profit from the world of Bitcoin trading.

  • Bitmex security: One of the key benefits for Australian investors is the platform's dedication to security. BitMEX employs the latest multi-factor security measures, ensuring that users can trade with confidence knowing their funds are secure.
  • Innovative products: The platform offers a variety of innovative products including futures, spot, and prediction markets which give investors the tools and flexibility they need to meet their financial goals.
  • User-friendly mobile app: The BitMEX mobile app, available for download on iOS and Android devices, provides crypto’s most advanced trading opportunities on-the-go. It makes trading convenient and accessible, catering to the needs of today's busy investors.

Do you have to pay tax on crypto?

Ever since the first ATO crypto tax guidelines were introduced back in 2014, it’s been clear that crypto is taxable.

As an Australian taxpayer, you're legally required to report all income regardless of whether it's from an Australian or international platform. This includes crypto gains made on BitMEX.

ATO tax treatment of crypto

There are two types of assessable income that your BitMEX investments are taxed on in Australia:

Capital Gains Tax (CGT): You’ll end up with capital gains whenever you buy crypto, and later sell it for a higher price. Capital gains and losses can result from trades, disposals, swaps and many other transaction types.

Example: You buy Dogecoin on BitMEX and later sell it, creating a Capital Gain that is subject to CGT.

Ordinary Income: You can easily end up earning income from a variety of sources such as distributions, earn programs, commissions and many more. These sources of income also need to be declared on your income tax return.

Example: You receive an airdrop on BitMEX, causing Ordinary Income which must be declared.

It's important to understand your crypto taxes. Make sure you know which transaction records to save and how to figure out your taxes to stop mistakes that might flag the ATO.

Penalties for not declaring tax

The ATO, funded by an annual $3.6 billion budget, administers our tax system in Australia. It has a dedicated Black Economy Taskforce to address the shadow economy including crypto. You'll end up facing severe penalties for not declaring, including fines, interest charges, and possibly criminal prosecution for tax evasion.

Investors who use BitMEX and dodge their tax obligations by not reporting income are at serious risk. Fortunately, Australia has one of the highest levels of tax compliance worldwide, with upwards of 93.7% of individual taxpayers completely satisfying their tax obligations. The few who don't declare are quickly addressed by the ATO.

Late tax filings can lead to complications, putting you in a less favorable position with the ATO and the Australian Government, and increasing the likelihood of audits or reviews. It can also make it harder to secure loans, especially home mortgages.

Does BitMEX report transactions to the ATO?

BitMEX is a legally registered entity, HDR Global Trading Limited, which is based in Seychelles.

The ATO has over 100 information sharing agreements, which cover almost every country and tax jurisdiction globally, to ensure no one avoids their tax.Rest-assured, they are already actively collecting data from Seychelles.

In short, the ATO is going to find out about your transaction history on BitMEX. Even if they don't find out about it this year, they'll find out in the very near future.

The last thing you want is the ATO coming after you for years of tax avoidance. That means it's important that you do calculate and declare your crypto gains, otherwise it’s only a matter of time before the ATO comes after you.

ATO record keeping requirements

To complete your crypto taxes each year, there’s some important records that you need to keep. Having these records will help you to calculate and declare your crypto tax, and are also your evidence if you need to prove how your crypto tax was calculated.

The ATO record keeping requirements for crypto require you to keep the following:

  • receipts when you buy, transfer or dispose of crypto assets
  • a record of the date of each transaction
  • a record of what the transaction is for and who the other party is (this can just be their crypto asset address)
  • exchange records
  • a record of the value of the crypto asset in Australian dollars at the time of each transaction
  • records of agent, accountant and legal costs
  • digital wallet records and keys
  • a record of software costs that relate to managing your tax affairs

The ATO has also advised that records should be kept for at least 5 years.

BitMEX Account Statements

BitMEX has made an account statement export available to ensure you can meet your record keeping requirements. You can follow the account statement export instructions from BitMEX to download a copy of the files.

You can download the following account statements from BitMEX.

Your crypto tax software may also be used to satisfy the ATO record keeping requirements. Syla has been designed to satisfy Section 121.20 and Section 121.25 of the Income Tax Assessment Act 1997, that deals with ATO record keeping requirements.

Syla is an industry-leading crypto tax software that can be used for BitMEX. Syla can be used to record your transactions by File Import. Syla keeps a record of the original source data, in the exact format it appeared on your account in BitMEX, ensuring you meet your record keeping obligations.

Having your records is just step one, because now you’ll need to calculate the tax outcomes for each and every transaction. You’ll need to make sure you do it accurately, or you’ll be at increased risk from the ATO.

How is crypto taxed on BitMEX?

We all know that crypto is taxed, but the exact tax treatment can vary. Understanding exactly how your different crypto transactions are taxed can not only help you meet your tax obligations, but it can actually help you to make smarter investment decisions.

Important: In the following sections we are considering the tax treatment of an individual investor. If you’re a trader or a different entity such as a Company, Trust or SMSF, your tax treatment may vary.

Buy and sell crypto

Capital Gains

When you buy crypto on BitMEX, it is a purchase of a CGT asset for tax purposes. Whenever you purchase a CGT asset you must record and track the cost base.

When you later sell crypto, you’ll need to record the proceeds from the sale. By subtracting the original cost base from the proceeds, you'll be able to calculate and declare the resulting capital gain or loss.

The basic idea works like this:

  • If your crypto went up: declare the increase in value as a capital gain.
  • If your crypto went down: report the decrease in value as a capital loss.
  • If you held crypto over 12 months: it’s eligible for the 50% CGT discount.

The calculations for CGT can get very complicated, which is why our tax team wrote an in-depth guide on how to calculate CGT on crypto.

Affiliate program

Ordinary Income

BitMEX offers a crypto affiliate program. As a participant in this program, you can earn rewards by referring new customers to BitMEX. Whenever someone signs up for BitMEX using your referral link and begins trading, you'll receive a commission based on a percentage of the trading fees generated, which gets credited directly to your Swyftx account.

Any income earned through the BitMEX affiliate program must be reported for tax purposes. The ATO views these earnings as income, similar to income from a job or other business activity. If the commission is paid in crypto, its value in AUD at the time of receipt must be reported. This income will be subject to your regular income tax rate.

It's important to keep track of all your affiliate earnings for accurate reporting during the tax season. Document the date of each commission, the amount in AUD, and any transaction details. This information is crucial for accurately declaring the income in your tax return. Be mindful that cryptocurrency values can fluctuate, so it's important to record the AUD value at the time of earning the commission.

Derivatives

Ordinary Income

Crypto derivatives are financial instruments whose value is derived from the price of an underlying cryptocurrency. They are distinct from actual cryptocurrencies and are designed to allow investors to speculate on price movements without owning the actual asset.

You can trade the following types of derivatives on BitMEX:

  • Futures
  • Perpetual Futures

In Australia, the tax treatment of crypto derivatives is very different to the tax treatment of actual crypto assets.

When you trade derivative contracts for profit, the resulting gains or losses are generally treated as ordinary income. The most import difference you need to know, is that derivatives are not eligible for the CGT discount.

How to do your BitMEX taxes

By now, you've likely realised there can be a lot to crypto tax, and getting it done correctly can be tricky. Let’s find out how you can actually get your BitMEX tax sorted.

ATO tax lodgement deadline

Our Australian financial year starts on the 1 July and ends on the 30 June each year, and you can prepare and lodge your tax return anytime after the 30 June up to 31 October.

The tax deadline for individual taxpayers is 31 October. Once you go past that date, your tax return is overdue, and your risk of penalties is increasing.

There is one way that you can easily extend your lodgement deadline though. You can receive an extended lodgement deadline till 15 May when lodging through a registered tax agent.

Some taxpayers find themselves with years of overdue tax returns. Unfortunately, the problem won’t just go away by ignoring it, and it’s only getting bigger in the meantime. With the ATO no doubt using the data collected from BitMEX more effectively each year, it’s only a matter of time before they catch up with you.

If you do have overdue tax returns, then it’s always worth working with a good tax accountant. They’ll be able to help you get your tax affairs back up to date. In many cases, investors can even end up receiving tax refunds from years of unlodged tax returns.

Self-lodge vs using an Accountant

When lodging your tax return, there’s two ways to go about it. Self-lodge yourself through myTax (myGov), or by lodging through a tax agent.

Self-lodging your tax return is definitely more affordable, as it means you don’t have to pay for an accountant. However, you’ll need to be much more careful about how you calculate and declare your tax outcomes. Follow our comprehensive guide to self-lodging your crypto tax.

Using an Accountant does cost more, but it will save you a lot of headache, and you won’t have to worry whether your tax return was done correctly. You’ll also have someone you can ask questions and get tax advice from. If your crypto activity is particularly complex, then it might be worth looking at a crypto tax specialist to help you.

Regardless of which approach you take, you’ll need some type of tax software for recording your crypto transactions and calculating the tax outcomes.

If you’re an Australian taxpayer, then it’s advisable to use tax software built specifically for Australia, otherwise the tax calculations may not be done correctly, putting you at risk with the ATO

How to select crypto tax software

When it comes to managing crypto taxes in Australia, choosing the right software is crucial for compliance and ease of use.

Tax regulations and compliance requirements vary significantly across jurisdictions, and what works in one country may not be suitable in another. Australian crypto investors need tax software that is specifically tailored to the unique aspects of Australian tax law. It's essential that the software not only calculates these taxes accurately but also updates its tax logic as tax laws evolve.

Ensure the crypto tax software is built specifically for Australia. Otherwise you may declare your tax incorrectly or overpay more tax than required.

You should also check for the software’s ability to integrate with popular Australian and international crypto exchanges. Having good support for BitMEX is a must, but you should also consider any other platforms you trade on.

Quality integrations are vital for maintaining accurate and complete records of all your crypto activities.

Crypto tax is complex, so having software that is user-friendly and intuitive will be a big help. Look for software that generates detailed, ATO-compliant reports which can be directly used for tax filings or shared with your accountant. You should also consider the level of customer support offered, and whether it's actually coming from an Australian support team.

If you don't have tax software for your crypto yet, then sign up for an account with Syla. It's the only tax software built exclusively for Australian crypto investors, and it has an industry-leading tax integration for BitMEX

Using crypto tax software

Crypto tax software is designed to make doing your crypto taxes much simpler. The software will calculate all the tax outcomes for you, so you only need to import your transactions, make any edits as required, and download your final crypto tax report. All the complicated tax calculations are automatically done for you.

It’s really easy using Syla to do your crypto tax:

  1. Get started with a free account.
  2. Add BitMEX as a data source and import your transactions.
  3. Add any other platforms and wallets.
  4. Review your transactions.
  5. Download your Crypto Tax Report.

Syla does all the heavy lifting for you. Your transactions will be imported and the tax calculations will be done for you. When using LTFO tax optimisation you can even achieve lower tax outcomes than you normally would.

Once you've downloaded your crypto tax report from Syla, you can either give it to your tax agent, or you can use it to self-lodge your own tax return.

Importing transactions from BitMEX

The first step to getting your crypto tax sorted is to import your transactions from BitMEX.

Syla has an industry-leading tax integration with BitMEX. You can use the File Import in Syla.

File Import

Using a File Import is an effective way to import all your transactions on BitMEX as it’s safe and easy to do.

If you get stuck, we also have an Assisted File Import process.

Download your crypto tax report

Once you have all your transactions imported into Syla, you can view them, make edits if needed and import any other Data Sources that you have.

After you’re happy with everything, you can download your Crypto Tax Report.

ATO crypto tax report

Tax software for BitMEX

It's very difficult to correctly calculate all the tax outcomes of your crypto by hand unless you're a tax accountant.

If you are using a tax accountant, then you probably don’t want them doing it by hand either, as it's going to take a long time and cost a lot.

That’s where using crypto tax software can save you a lot of time and money, that you'd rather spend doing something else. 😊

Syla is the only crypto tax software designed specifically and only for Australia. Syla not only calculates all your tax outcomes to ensure you are ATO compliant, but it also optimises your tax to ensure you pay the lowest crypto tax legally possible, saving you both time and money.

  • Best value - $59 AUD for 10,000 transactions.
  • Absolute certainty - purpose-built for Australian tax law.
  • Maximise your tax savings - using Syla's proprietary LTFO method.

👉 Get started for free.


Disclaimer

The information in this article reflects our understanding of existing legislation, proposed legislation, rulings and other tax law, as at the date of issue. In some cases, the information has been provided to us by third parties. While it is believed the information is accurate and reliable, this is not guaranteed in any way.

The information provided in this article is purely factual in nature and does not constitute tax advice, financial product advice or legal advice. The information is not, nor is it intended to be, comprehensive or a substitute for professional advice on specific circumstances. If you require professional advice that takes into account your particular circumstances, you should consult an appropriate professional.

Tax Questions

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Our Australian Partners

We’ve partnered with every major Australian crypto platform to ensure crypto tax is simple and easy.

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