Subsection 960-50(6), Item 5 of the Income Tax Assessment Act 1997 (ITAA 1997) states the amount should be translated at the time of the transaction or event for the purposes of the Capital Gains Tax provisions. For the purpose of granting an option to an entity, the time of the event is when you grant the option (subsection 104-20(2) ITAA 1997).This is a very detailed response which even refers to the level of which section in the law it is coming from. I now know that I need to translate my trades from $USD to $AUD according to the RBA's translation rates for every single trade.
However, the $250,000 balance election broadly enables you to disregard certain foreign currency gains and losses on certain foreign currency denominated bank accounts and credit card accounts (called qualifying forex accounts) with balances below a specified limit.Therefore, I'm all good disregarding FX gains and losses! I just need to ensure I translate my trades on the day they occurred. It's a bit of extra admin to do unfortunately, but it is what it is.
The option is grantedCGT event D2 happens when a taxpayer grants an option. The time of the event is when the option is granted. The capital gain or loss arising is the difference between the capital proceeds and the expenditure incurred to grant the option.This seems straight forward. We collect premium and record a capital gain.
Closing out an optionThe establishment of an ETO contract is referred to as opening a position (ASX Explanatory Booklet 'Understanding Options Trading'). A person who writes (sells) a call or put option may close out their position by taking (buying) an identical call or put option in the same series. This is referred to as the close-out of an option or the closing-out of an opening position.My take on this is that the BUY position that cancels out your SELL position will most often simply realise a capital loss (the entire portion of your BUY position). In effect, it 'cancels out' your original premium sold, but it's not recorded that way, it's recorded as two separate CGT events - your capital gain from CGT event D2 (SELL position), then, your capital loss from CGT event C2 (BUY position) is also recorded. In effect, they net each other out, but you don't record them as a 'netted out' number - you record them separately.
CGT event C2 happens when a taxpayer's ownership of an intangible CGT asset ends. Paragraph 104-25(1)(a) of the ITAA 1997 provides that ownership of an intangible CGT asset ends by cancellation, surrender, or release or similar means.
CGT event C2 therefore happens to a taxpayer when their position under an ETO is closed out where the close-out results in the cancellation, release or discharge of the ETO.
Under subsection 104-25(3) of the ITAA 1997 you make a capital gain from CGT event C2 if the capital proceeds from the ending are more than the assets cost base. You make a capital loss if those capital proceeds are less than the assets reduced cost base.
Both CGT events (being D2 upon granting the option and C2 upon adopting the close out position) must be accounted for if applicable to a situation.
The option is granted and then the option is exercisedUnder subsection 104-40(5) of the Income Tax Assessment Act 1997 (ITAA 1997) the capital gain or loss from the CGT event D2 is disregarded if the option is exercised. Subsection 134-1(1), item 1, of the ITAA 1997 refers to the consequences for the grantor of the exercise of the option.This scenario is pretty unlikely - for me personally I never hold positions to expiration, but it is nice to know what happens with the tax treatment if it ultimately does come to that.
Where the option binds the grantor to dispose of a CGT asset section 116-65 of the ITAA 1997 applies to the transaction.
Subsection 116-65(2) of the ITAA 1997 provides that the capital proceeds from the grant or disposal of the shares (CGT asset) include any payment received for granting the option. The disposal of the shares is a CGT event A1 which occurs under subsection 104-10(3) of the ITAA 1997 when the contract for disposal is entered into.
You would still make a capital gain at the happening of the CGT event D2 in the year the event occurs (the time the option is granted). That capital gain is disregarded when the option is exercised. Where the option is exercised in the subsequent tax year, the CGT event D2 gain is disregarded at that point. An amendment may be necessary to remove the gain previously included in taxable income for the year in which the CGT event D2 occurred.
When you buy an ETO, you acquire an asset (the ETO) for the amount paid for it (that is, the premium) plus any additional costs such as brokerage fees and the Australian Clearing House (ACH) fee. These costs together form the cost base of the ETO (section 109-5 of the ITAA 1997). On the close out of the position, you make a capital gain or loss equal to the difference between the cost base of the ETO and the amount received on its expiry or termination (subsection 104-25(3) of the ITAA 1997). The capital gain or loss is calculated on each parcel of options.So it seems it is far easier to record debit trades for tax purposes. It is easier for the tax office to see that you open a position by buying it, and close it by selling it. And in that case you net off the total after selling it. This is very similar to a trading shares and the CGT treatment is in effect very similar (the main difference is that it is not coming under CGT event A1 because there is no asset to dispose of, like in a shares or property trade).
The ATO’s Interpretative Decision in relation to the tax treatment of premiums payable and receivable for exchange traded options can be found on the links below. Please note that the interpretative decisions below are in relation to self-managed superannuation funds but the same principles would apply in your situation [as an individual taxpayer, not as a super fund].Premiums Receivable: ATO ID 2009/110
London - The dollar fell on Monday, after reaching its lowest since September 2018 overnight, as deteriorating U.S.-China relations and concerns about the U.S. economy saw investors look to the yen and Swiss franc as safe havens.
With domestic economic concerns trumping its role as a safe-haven currency, the dollar index fell overnight, steadied in the early hours of the morning, then continued its descent.
At 1058 GMT, the dollar index was at 93.777, down 0.6% on the day =USD. As COVID-19 infections show no signs of slowing in the U.S., investors are doubtful of a quick economic recovery.
With the dollar's role as safe haven in question, the Japanese yen and Swiss franc strengthened, suggesting that investors are seeking safety elsewhere.
Versus the dollar, the Swiss franc reached a five-year high of 0.9167 overnight CHF=EBS. The dollar lost 0.8% against the yen, which strengthened to a four-month high of 105.265 JPY=EBS. "Under a general dollar sell-off environment the yen is benefiting as a safe-haven currency," said Neil Jones, head of FX sales at Mizuho, adding that month-end flows were also playing a role.
"Markets are potentially looking for risk aversion currencies, and this seems to be a discretionary switch away from dollar into the yen and the Swiss franc," he said.
LONDON - As dollars dry up, global finance is growing increasingly dependent on opaque currency trading to keep cash flowing.
Swaps users had a scare in September, when the U.S. Federal Reserve had to pump cash into markets as rates in the $2.2 trillion U.S. "Repo" market spiked and spilled into FX swap markets, sending the premium to borrow dollars shooting higher.
Reflecting the increased reliance on currency markets to borrow dollars, FX swap volumes have grown to represent 49% of total currency trading, from 42% in 2013, Bank for International Settlements figures from August show.
OFF-BALANCE SHEET. Unlike regular 'spot' currency transactions, swaps involve two parties swapping one currency for another.
Many central bankers say bank borrowing and funding via swaps, which are typically used for hedging, day-to-day liquidity management or even speculation, is driving the increase in FX swaps as they are "Off-balance sheet".
The central bank official said stress tests implied some banks use swaps for more than 10% of their funding, while the BIS says dollars are on one side of 90% of all currency trades.
BRUSSELS/LONDON - Barclays, Citigroup, JP Morgan, MUFG and Royal Bank of Scotland were fined a combined 1.07 billion euros by the European Union on Thursday for rigging the multi-trillion dollar foreign exchange market.
The EU competition enforcer said most of the traders knew each other on a personal basis and set up chatrooms such as "Essex Express 'n the Jimmy", which was given this name because all of them except "James" lived in Essex, to the east of London, and met on their train commute to the British capital.
The five-year investigation found nine traders spread across the banks exchanged sensitive information and trading plans in the chatrooms and occasionally co-ordinated trading strategies.
Occasionally the traders would co-ordinate trading activity, for example through a practice called 'standing down' whereby some of the group would temporarily stop trading to avoid interfering with others, the commission said.
BANANA SPLIT. The "Three Way Banana Split" cartel, made up of traders at UBS, Barclays, RBS, Citigroup and JP Morgan, was handed a fine totaling 811.2 million euros.
U.S. prosecutors have charged a handful of former traders over forex rigging.
"The Italian situation is an excuse for some investors who had been expecting a rebound in the last few weeks of the year as recent data out of Europe has hardly been supportive," State Street Global Markets head of macro strategy Timothy Graf said.
BIGGER MARGIN. Struggling European economic data, particularly on the inflation front, has stood in sharp contrast with data out of the U.S. in recent weeks, prompting hedge funds to whittle down their long positions on the euro to their lowest for nearly 1-1/2 years.
"The dollar has been supported by some strong data but with the market already long dollars at these levels, new data has to surprise investors by a bigger margin to push it higher," Credit Agricole FX strategist Manuel Oliveri said.
The dollar climbed half a percent last week, marking its second consecutive week of gains as hedge funds ramped up their dollar holdings by $3.4 billion to $28.7 billion, the largest rise since end-December 2016, according to latest data.
A sudden and steep rise in Treasury yields had underpinned the dollar for much of last week.
The big focus for dollar bulls this week will be the release of U.S. CPI data on Thursday.
LONDON - Britain has extended its lead in the global currency trading business in the two years since it voted to leave the European Union, in another sign London is likely to continue to be one of the world's top two financial centers even after Brexit.
Reuters' analysis, based on surveys released by central banks in the five biggest trading centers, shows forex trading volumes in Britain had grown by 23 percent to a record daily average of $2.7 trillion in April compared to April 2016.
"The luck of geography has helped because most of the big market moving news, whether in the U.S. or Europe, has occurred during London's trading hours," said Neil Jones, London-based head of hedge fund sales at Japan's Mizuho Bank.
These products, the largest part of Britain's currency market, are sold to customers around the world, not just the EU. Banks in Britain, including the London operations of global players, are moving some staff to European cities on expectations that they will the lose the automatic right to sell services to EU investors after Brexit.
The city's tightening grip on forex trade does not prove London won't suffer from Brexit, but it does underscore the attractiveness for banks of maintaining large international operations in the city, industry experts said.
"The FX market is effectively an offshore dollar market and offshore dollars are always going to be looking for an international home, and that's London."
NEW YORK - Investors looking for the U.S. Republican tax bill to prompt multinational companies to convert foreign profits into dollars and end the worst slide in the greenback in a decade may have to temper their hopes for a prolonged rebound.
The bill President George W. Bush signed in October 2004 drastically reduced tax rates to 5.25 percent over a 12-month window and, along with aggressive tightening by the Federal Reserve, helped send the dollar nearly 13 percent higher the following year.
DOLLAR BULLISHNESS. Prospects of a tax break on companies' foreign earnings and expectations of wider U.S. budget deficits helped boost the dollar to its highest levels since 2002 soon after Trump's presidential victory in November 2016.
"Even a significant wave of repatriation might not lift the dollar directly, as some of the largest U.S. corporations already hold a lot of cash in dollar-denominated assets," said Shaun Osborne, chief FX strategist at Scotiabank in Toronto.
Despite some skepticism about U.S. repatriation flows, some analysts say the dollar could get a short-term boost.
He does not expect a dollar rally to continue beyond the second quarter of 2018, partly due to concerns about the tax plan's impact on the U.S. fiscal deficit.
NEW YORK - The U.S. dollar briefly touched a 15-month low against a basket of major currencies on Tuesday on political turmoil in Washington and weak U.S. economic data that kept the Federal Reserve's policy outlook uncertain.
While the dollar was last higher on the day as investors consolidated positions, it was not far from its lowest in more than a year against major rivals as uncertainty was expected to continue weighing on the greenback following President Donald Trump's ouster of White House communications chief Anthony Scaramucci on Monday.
The dollar index, which measures the greenback against a basket of six major rivals, was last up 0.2 percent at 93.065 after touching 92.777, the lowest since early May 2016.
The dollar fell below 110 yen for the first time in more than six weeks, touching 109.94 yen JPY=.
The dollar index fell in July, its fifth consecutive monthly decline, the longest such stretch since December 2010 through April 2011.
"(Political) policy uncertainty in the U.S. I think has been the biggest driver of declines in the dollar recently," said Sireen Harajli, FX strategist at Mizuho in New York.
LONDON - The dollar held near a 13-month low against a basket of currencies on Monday, weighed down by political uncertainty and increased short positions, but markets were wary of pushing it lower before data due later this week.
Broad market positioning data for the week of July 25 showed short bets against the dollar swollen to their highest levels since a "Taper-tantrum" peak in early 2013.
"Our short-term positions indicators are flashing red in terms of extreme bets against the dollar, especially against the euro and the Aussie and in this kind of environment, a small negative surprise in data elsewhere can trigger a washout," said Viraj Patel, an FX strategist at ING in London.
With euro zone inflation data on Monday seen well below European Central Bank estimates, a risk for a pull-back is rising.
Central bank policy decisions are also due from Australia and the United Kingdom this week with U.S. jobs data scheduled on Friday.
Sterling has been buoyant against the broadly weaker dollar, supported by hopes that Britain will exit the European Union under a transitional deal.
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