Smythe, Cullen
NSW stamp duty and the brave (not so) new world of non-fungible tokens /Cullen Smythe
With the increasing popularity of blockchain applications and asset tokenisation, the use cases of these new economy technologies are expanding rapidly, particularly in the case of non-liquid assets such as real property and infrastructure. And although the income tax commentary on tokens has grown apace, analysis of the Australian state taxation consequences of tokenisation and the significant costs that can accrue to taxpayers has been sadly lacking. This article aims to address this issue by outlining the history and current uses of tokens, and their correct characterisation for Australian duties law purposes. The analysis focuses on case law and the NSW Duties Act 1997, and covers their creation, asset tethering, the duties consequences of subsequent dealings and issues of valuation.
BLOCKCHAIN
TOKENS
IMPUESTO SOBRE LA RENTA DE LAS PERSONAS FISICAS
ECONOMIA
CONTRIBUYENTES
LEGISLACION
AUSTRALIA
Australian Tax Forum: a journal of Taxation Policy, Law and Reform0812-695X v. 40, n. 2, 2025, p. 155-192
NSW stamp duty and the brave (not so) new world of non-fungible tokens /Cullen Smythe
With the increasing popularity of blockchain applications and asset tokenisation, the use cases of these new economy technologies are expanding rapidly, particularly in the case of non-liquid assets such as real property and infrastructure. And although the income tax commentary on tokens has grown apace, analysis of the Australian state taxation consequences of tokenisation and the significant costs that can accrue to taxpayers has been sadly lacking. This article aims to address this issue by outlining the history and current uses of tokens, and their correct characterisation for Australian duties law purposes. The analysis focuses on case law and the NSW Duties Act 1997, and covers their creation, asset tethering, the duties consequences of subsequent dealings and issues of valuation.
BLOCKCHAIN
TOKENS
IMPUESTO SOBRE LA RENTA DE LAS PERSONAS FISICAS
ECONOMIA
CONTRIBUYENTES
LEGISLACION
AUSTRALIA
Australian Tax Forum: a journal of Taxation Policy, Law and Reform0812-695X v. 40, n. 2, 2025, p. 155-192