Intangible Personal Property in Australia: 2025 Guide to Digital Assets

Australians are no strangers to property ownership—real estate, vehicles, and even fine art. But in 2025, a growing slice of our wealth is digital and invisible: intangible personal property. From cryptocurrencies and domain names to streaming subscriptions and intellectual property, these assets are rewriting the rules of personal finance, estate planning, and even taxation. Here’s what every Australian needs to know about managing, protecting, and leveraging these assets in a hyper-digital era.

What Counts as Intangible Personal Property?

Intangible personal property refers to assets that have value but no physical substance. These aren’t your house or your car, but things like:

• Cryptocurrencies – Bitcoin, Ethereum, and the growing list of altcoins Australians are trading and holding

• Shares and digital investments – Stocks, managed funds, and ETFs held online

• Intellectual property (IP) – Copyrights, trademarks, patents, and even digital content you’ve created

• Domain names and websites – Owned URLs or web-based businesses

• Digital accounts and in-game assets – From your Spotify playlist to rare skins in gaming platforms

With more of our lives—and livelihoods—moving online, these assets can sometimes outvalue our tangible property. But while their benefits are vast, they come with unique legal, tax, and planning challenges.

2025: The Year Digital Assets Go Mainstream in Australia

This year has seen a surge in regulatory attention and mainstream adoption of intangible personal property. The Australian government’s Digital Assets (Market Regulation) Bill 2025 has clarified the treatment of cryptocurrencies, making it easier for individuals and businesses to declare, trade, and pass on digital wealth. Notable updates include:

• Crypto Taxation Clarity: The ATO now provides explicit guidance on capital gains events for crypto, NFTs, and digital collectibles, closing loopholes and providing certainty for investors.

• Intellectual Property Rights Online: New amendments to the Copyright Act have made it simpler for Australians to license, sell, or inherit digital creations, including ebooks, music, and software.

• Digital Estate Planning: Banks and major digital platforms now offer tools for nominating beneficiaries for digital accounts, reducing the risk of lost assets when someone passes away.

Case in point: In early 2025, a Melbourne entrepreneur sold a portfolio of domain names for $2.5 million. Not only did this require careful legal structuring, but the tax outcome was significantly affected by the new rules around capital gains on intangible property.

Managing and Protecting Your Intangible Assets

Unlike a house or a car, intangible assets can be lost with a forgotten password or mishandled legal paperwork. Australians should consider these best practices:

• Inventory and Document: Keep an up-to-date list of all your digital assets, including login details stored securely (using password managers or digital vaults).

• Estate Planning: Work with a legal professional to include intangible property in your will. This may involve appointing a digital executor or providing specific instructions for accessing your accounts.

• Insurance and Security: While you can’t insure a Spotify playlist, some intangible assets like IP or digital businesses can be covered. Always use robust cybersecurity practices.

• Tax Compliance: With the ATO’s enhanced digital asset tracking in 2025, undeclared gains are easily spotted. Report all relevant assets and consult a tax professional for complex holdings.

For example, a Sydney-based freelance designer recently discovered that selling digital art NFTs triggered a capital gains event, requiring her to pay tax on profits—even though no physical item changed hands. It’s a stark reminder that digital wealth is very real in the eyes of the law.

What’s Next for Intangible Personal Property?

The next frontier is integration: expect more Australian banks and super funds to offer direct crypto and digital asset options, and for digital inheritance laws to keep evolving. With AI-generated content and virtual property (think: metaverse real estate) entering the mix, the definition of intangible property will only broaden. For now, the key is awareness—knowing what you own, how it’s valued, and the best ways to protect and pass it on.