Update: What’s Happening with the Landmark Bitcoin Tax Court Case in Australia?

Back in May 2025, we shared the big news: a Victorian court ruled that Bitcoin should be treated as money, not a capital gains tax (CGT) asset. This surprising interpretation had crypto investors wondering: Could we be owed tax refunds? Possibly even up to $1 billion worth of refunds across Australia?

But now it’s June 2025, and it’s time to separate the hype from reality.

🤷‍♂️ Has the ATO Changed Its Crypto Tax Rules?

Nope. Not yet.The Australian Taxation Office (ATO) has not made any updates to its crypto tax rules since the May court ruling. In fact, the ATO has not issued any official comment or refund guidance.

This means:

✅ Crypto is still taxed as a CGT asset.

✅ Selling, swapping or gifting crypto can still trigger capital gains or losses.

✅ Keep following ATO rules 

⚖️ What Happens Next?

The May 2025 ruling came from a state-level court and is not binding nationwide. An appeal is expected later this year, possibly even going to the High Court of Australia if it raises broader legal questions.

Until then, the ATO's current stance still applies to everyone. So don’t go amending past tax returns just yet—you could cause more harm than good.

🛠️ What Should Crypto Investors in Australia Do Right Now?

Here’s a smart checklist for staying on track:

• Stay ATO-compliant: Keep tracking your buys, sells, and swaps.

• Save your transaction records: You’ll need these whether for tax or refund claims later.

• Don’t assume refunds are coming: Only act if legislation or a superior court decision confirms it.

Need help with that? ✅ We’ve created a free Crypto Tax Checklist for 2025 just for you.🔗 Download our 2025 Crypto Tax Return Checklist here

🔍 Final Thoughts: Still Business as Usual (For Now)

While this court case sparked plenty of buzz, the current legal reality is clear:

Nothing has officially changed yet. The ATO still views crypto as a CGT asset. If you’re holding, selling or trading Bitcoin, Ethereum, or any altcoin, stick to the rules for now—and we’ll keep you posted when something actually changes.

Want tailored crypto tax help?

Reach out to the team at Lynden Group—we’re across the legal developments and know exactly how to keep your records tight and your compliance in check