The tax treatment of crypto assets in South Africa

Abstract

This study critically analyses a prominent yet, uncertain area in South African tax law: the taxation of crypto assets. A crypto asset is a form of currency not issued by a central body or regulating authority and only exists digitally. Crypto assets utilise a decentralised system to record transactions and manage the issuance of new units. South African tax authorities are baffled by crypto assets and, therefore, cannot settle on a uniform definition. Currently, there is no definition of crypto assets in the Income Tax Act, making it difficult to implement regulations regarding the tax treatment of crypto assets. As of March 2023, crypto assets are not directly regulated in South Africa. It became necessary to regulate crypto assets when taxpayers began earning large amounts of income from the receipt and disposal of them. New Zealand and Australia adopted a non-interventionist approach towards regulating crypto assets, and it has proven to be successful and efficient in implementing essential regulations and additional taxes such as Goods and Services tax and Capital gains tax. South Africa is yet to implement a tax regulatory framework for crypto assets. It would benefit South Africa to draw on the methods implemented in the above countries to create an efficient tax regulatory framework.