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Crypto Custody and Exchanges NZ

Two things about cryptoassets in New Zealand are widely misunderstood, and both cost people money. One is tax, where the common belief is comfortably wrong. The other is custody, where the risk is not the one people prepare for.

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The three things to remember

There is no capital gains tax here, and most crypto disposals are still taxable. An exchange is not a bank and carries no deposit protection. And not your keys, not your coins is a description of legal reality, not a slogan.

The tax position

New Zealand has no general capital gains tax, and a great many people conclude from that their crypto gains are untaxed. Inland Revenue's position is that cryptoassets are property, and that amounts derived from disposing of property acquired for the purpose of disposal are taxable income.

That test catches most crypto holdings, because cryptoassets do not produce income and are almost always bought in the expectation of selling them later at a higher price. The absence of a capital gains tax is not the point. The ordinary income rules reach it without one.

Event Generally a disposal?
Selling crypto for New Zealand dollars Yes
Swapping one cryptoasset for another Yes, this surprises people most
Using crypto to buy goods or services Yes
Transferring between your own wallets No, ownership has not changed
Simply holding it and doing nothing No, until you dispose of it
Crypto to crypto swaps are the common failure

Someone who never converted anything back to dollars often assumes nothing taxable happened. Swapping one asset for another is a disposal of the first, and the obligation arises then, in dollars, on that day's value. Someone who swapped actively through a rising market and then held through a falling one can face a tax bill on gains they no longer have. Keep records from the first transaction, not from when you decide to sort it out.

Custody: who actually holds it

This is the question that decides what happens on a bad day, and there are only two real answers.

Exchange custody Self custody
Who holds the keys The exchange You
If the business fails You are a creditor, in a queue Unaffected, you still hold it
If you lose access Support can usually restore it It is gone, permanently
Main risk The exchange You

Neither is safe. They fail differently. Exchange custody moves the risk onto an institution that can be hacked, mismanaged or fail, and history in this sector is not reassuring on any of the three. Self custody removes that entirely and hands you a risk you may be less equipped for, because a lost key is final in a way nothing in ordinary finance is.

An exchange is not a bank and has no deposit protection

The Depositor Compensation Scheme covers deposits at licensed deposit takers up to $100,000. It covers banks, credit unions, building societies and licensed finance companies. It does not cover investments, and it does not cover cryptoassets held on an exchange. Money in an exchange account is not protected the way money in a bank account is, and the fact that the interface looks similar is not a legal fact about it.

What registration does and does not mean

Exchanges operating here must meet anti-money laundering obligations and register accordingly, which is why they ask for identification. That registration is about preventing money laundering. It is not a prudential licence, it is not a guarantee of solvency, and it does not mean anyone is supervising whether your assets are actually there.

The practical risks, in order of how often they occur

Account takeover through a compromised email or a phone number ported away from you.
Scams and fake platforms, which are the largest source of loss by a wide margin.
Exchange failure or freeze, where withdrawals stop before any announcement is made.
Lost keys or a lost recovery phrase, which is unrecoverable by design.
Sending to the wrong address, which is irreversible and has no support line.
The first two together account for most real-world losses, and both are preventable.
Use an authenticator app, not text messages

Two factor authentication by text is defeated by a SIM swap, where an attacker persuades a mobile provider to move your number to their device. It is not a hypothetical attack and it targets exactly this. An authenticator app or a hardware key is not vulnerable to it. If an exchange holds anything you would mind losing, this is the single highest value fifteen minutes available to you.

Records, because the tax obligation is yours

Exchanges come and go, and when one goes it takes its transaction history with it. Inland Revenue's expectations do not soften because your records were on a platform that no longer exists. Export the history periodically and keep it somewhere you control: dates, amounts, the New Zealand dollar value at the time, fees, and what each transaction was.

Sensible positions

Hold only what you could lose entirely without it changing your circumstances.
Split custody if the amount is meaningful, rather than leaving everything on one exchange.
Secure the account properly, with an authenticator app and a unique email address.
Back up any recovery phrase physically, never in a photo or a cloud note.
Keep the tax records from day one, not from when it becomes a problem.
Test a small withdrawal before you need to make a large one.
The last one tells you whether the exit works while it still does.

On yield offers

Products offering a return on cryptoassets deserve particular scepticism, because the return has to come from somewhere and that somewhere is usually lending your assets to someone else. When such arrangements have failed, holders have generally found they were unsecured creditors of a business rather than owners of their assets. A high advertised yield on a volatile asset is a description of risk, not of generosity.

What this guide does not cover

Tax treatment depends on your circumstances and your intention at acquisition, and mining, staking, airdrops and business activity each have their own treatment not covered here. This guide takes no view on whether any cryptoasset is a good investment. It is general information rather than tax or financial advice, and Inland Revenue publishes specific guidance on cryptoassets that should be read alongside advice from an accountant.

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Test Your Knowledge

Ten questions on custody, exchange risk and New Zealand tax.

1. Does the absence of a capital gains tax mean crypto gains are untaxed?
Yes, all crypto gains are tax free here
Yes, provided you hold for over twelve months
No, ordinary income rules reach most disposals
Only for amounts under $50,000 a year
2. Is swapping one cryptoasset for another a disposal?
No, because no dollars were received
No, unless the swap is across exchanges
Only if the two assets differ in value
Yes, and it surprises people most
3. Is transferring between your own wallets a disposal?
No, ownership has not changed
Yes, every transfer is a taxable event
Yes, if the wallets are on different exchanges
Only where a network fee is paid
4. Does the Depositor Compensation Scheme cover crypto on an exchange?
Yes, up to $100,000 per exchange
Yes, for registered exchanges only
No, it covers deposits, not investments
Yes, but only for New Zealand dollar balances
5. What does anti-money laundering registration mean about an exchange?
It is prudentially supervised like a bank
Nothing about its solvency or your assets
Its customer assets are audited quarterly
It guarantees withdrawals will be honoured
6. What happens to exchange-held crypto if the business fails?
You are a creditor in a queue
Your assets are returned automatically
A government scheme reimburses your balance
The assets transfer to another exchange
7. Why is two factor authentication by text message weak?
Text messages expire before they arrive
A SIM swap moves your number to an attacker
Exchanges do not support text codes
It requires the phone to be unlocked
8. Which two risks account for most real-world losses?
Lost keys and sending to a wrong address
Account takeover and scams or fake platforms
Exchange failure and network congestion
Price volatility and high trading fees
9. Why should you export transaction records regularly?
Inland Revenue requires monthly filing
Exchanges charge for historical data
Records expire after seven years
Exchanges close and take their history with them
10. What does a high advertised yield on a cryptoasset describe?
Risk, since the return comes from lending it out
Generosity from a well-capitalised platform
Interest paid by the blockchain protocol
A government-backed return on deposits

Sources: Inland Revenue guidance treating cryptoassets as property, under which amounts derived from disposing of cryptoassets acquired for the purpose of disposal are taxable income; the Deposit Takers Act 2023 Depositor Compensation Scheme, which covers deposits at licensed deposit takers and not investments; and the anti-money laundering registration requirements applying to exchanges. Tax treatment depends on your own circumstances and intention, so confirm your position with Inland Revenue or an accountant.

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