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Ditch Gravy profile picture
Hi again, so I’ve reviewed Ledn’s Custodied Loans to see if they also risk CGT events.

Ledn have had these on offer for a while now, usually at an extra 1% premium to their Standard Loans.

However now the Custodied Loan is the only one they offer, and the Loan Agreement language and structure appears to be more CGT friendly (from what I can deduce using ChatGPT as a research assistant).

Here’s what I’ve found:

Under the Custodied Loan agreement, the borrower retains ownership of the Bitcoin collateral, granting
LEDN only a security interest.

Key clause (Section 4(c)(i)):
"Borrower grants to Lender a first priority security interest in and to the Collateral... The Borrower shall retain
all rights of ownership in the Collateral, subject to the Lender's security interest."

ATO Implication:
Because the borrower retains beneficial ownership, the ATO is unlikely to treat this as a CGT event. The security interest does not constitute a disposal for CGT purposes.

Hope this helps, as usual DYOR or consult a tax account (LIKE I SHOULD HAVE DONE šŸ˜…)
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btcschellingpt · 57w
Interesting! Thanks for pointing out that change - would be welcome clarity on that!
Jake Woodhouse · 57w
That's really interesting. In short, should you choose that updated Ledn contract, then you can be confident beneficial ownership has not altered. I think you're right, and my opinion is I would happily go up against the ATO with that if it became an issue.
nostrich · 65w
I think the ATO's position here is.... questionable... to put it politely. It also directly affects me, so I will have a dig into this. I am yet to find a good source of the ATO's position where they ...
Ditch Gravy profile picture
Sorry but the ATO won’t care if you decide YOU are right, or if I am right. It will be what they decide.

On a side note, it will be very interesting to see how the court case progresses in regards to Victorian Magistrate Michael O’Connell, who ruled that bitcoin is a currency like the dollar and should be exempt from CGT…

Of course this is not applicable yet, and the ATO will fight it all the way tooth and nail I’m sure.

I swear, if Australia was able to pull its thumb out and take bitcoin friendly stance, the amount of capital that would flow here from all over the world would be mind boggling!
Jake Woodhouse · 58w
Tried to zap you! Get it setup soon, such a good part of the Nostr experience So pleased to hear you had a good experience. So often not the case with the ā€œcascade of interventionā€ in hospital e...
Ditch Gravy profile picture
Cheers Jake šŸ¤™šŸ» am I zappable now??

Yes it did end in c-section for us. Not in the plan, and now a bit of trauma to get past… but in the end we’re all happy healthy and together

I totally see your point about being the product. More and more it feels like that these days, or as we get older it becomes clearer?

I do believe our social contract was set up with good intentions, after the horrors of world wars in the last ā€œfourth turningā€

But as the new saeculum approaches, the rot becomes increasingly evident.

Thanks Satoshi for bitcoin!!

I just wish more people would understand
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Jake Woodhouse · 58w
Sorry to hear about the c-section. Very common these days. A few friends have been through the process, intense to say the least Glad to hear all happy and health! As you say, that’s the key And yes. Beyond grateful for Bitcoin!
Dr. Jeff · 84w
Welcome!
Ditch Gravy profile picture
Hi Dr Ross, I always enjoy listening to your take on bitcoin and macro… maybe coz you’re so dang bullish! With a healthy dose of caution šŸ¤”
Anyway, I had an idea to start a campaign to help Bitcoin flip golds market cap this year. It’s a simple message: - Buy and don’t sell šŸ˜…
You in?