SMSFs and Cryptocurrency such as Bitcoin

Adviser Question

I have a client who has a SMSF with individual trustee and a trust deed that was set up a few years ago.

I need some guidance on the documentation required and the specifics needed so that the trustees can invest in cryptocurrency.

1. What needs to change in respect of the trust deed? And will an update to the LYD trust deed be OK?
2. Do they need a corporate trustee?  Given the ATO view that cryptocurrency cannot be owned by individuals?
3. What needs to be included in the investment strategy?

Strategy Response

We have specific powers of investment in the trust deed for crypto so upgrade the deed and put in place a special purpose corporate trustee.  Then build an investment strategy with crypto as a custom asset before they acquire crypto.

Please be advised this is general information only, and is not to be taken as legal advice. If you would like more information, or have a legal query, please contact Abbott & Mourly directly.
Reviewed: 17/01/2024