From the journal

Australian Treasury Consults on Crypto Asset Tax Transparency Draft Legislation, 15 October 2026

The Australian Treasury released exposure draft legislation on crypto asset tax transparency on 15 October 2026, with the consultation closing on 28 October 2026. The draft gives effect in Australian law to the OECD Crypto-Asset Reporting Framework, sets up domestic reporting on crypto asset transactions involving Australian residents, and updates the Common Reporting Standard. The Australian Taxation Office states that the measure is not yet law and that Australia's first exchange under the Crypto-Asset Reporting Framework is expected to commence in 2028.

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The Australian Treasury released exposure draft legislation on crypto asset tax transparency for consultation on 15 October 2026 under reference c2026-813391, together with explanatory material. The consultation closed on 28 October 2026. The measure was announced on 17 December 2025 in the 2025 to 26 Mid-Year Economic and Fiscal Outlook, and the Australian Taxation Office states that it is not yet law.

The draft gives effect in Australian law to the OECD Crypto-Asset Reporting Framework, sets up a domestic reporting regime for crypto asset transactions involving Australian residents, and updates the Common Reporting Standard that governs exchange of financial account information. Treasury published the operative text as an exposure draft with accompanying explanatory material, and it follows the earlier Treasury consultation on the Crypto-Asset Reporting Framework and related amendments.

Crypto exchanges, brokers, custodians and transfer services with Australian resident customers would carry the collection and reporting obligations, and would need tax residence and customer due diligence data of the kind banks already gather under the Common Reporting Standard. A business that reports under the Common Reporting Standard and also holds crypto assets would be running two reporting streams against one customer base.

The regime has two layers: information exchanged with other tax authorities under the Crypto-Asset Reporting Framework, and domestic reporting to the Australian Taxation Office on transactions involving Australian residents. The Australian Taxation Office states that Australia's first exchange under the Crypto-Asset Reporting Framework is expected to commence in 2028. The exposure draft consultation closed on 28 October 2026.

Licentium advises crypto asset businesses on licensing, reporting and cross-border tax transparency obligations. Work we undertake includes CARF and DAC8 readiness reviews, customer data and tax residence mapping, and submissions on draft legislation.

Source: Australian Treasury, Crypto asset tax transparency - draft legislation, c2026-813391

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