Terms of Use

1. About these terms

These Terms of Use govern your use of CGTDesk and form an agreement between you and CGTDesk, ABN 85 285 778 251("we", "us" or "our"). By creating an account, you agree to these terms. Our Privacy Policy explains how we collect, use, disclose and handle personal information.

2. What CGTDesk does

You upload statement files exported from your broker. We run checks on them, show you what we read, and calculate capital gains and losses for each Australian financial year (1 July to 30 June), for supported share and option transactions. We show our working so that you, or your tax agent, can review it.

The calculation rests on assumptions, which we state on the site. The main ones:

• you hold your shares and options as an investor on capital account, not as a business of share trading;
• for supported share sales, parcels are matched first-in, first-out (FIFO). FIFO is not the only method that may be available, and we do not choose a method to optimise your tax outcome;
• US-dollar amounts are converted at the Reserve Bank of Australia rate for the day of each trade, or the latest earlier rate when none is published. This describes how we calculate; it is not a statement about every foreign exchange tax rule;
• a few option treatments are open questions for a tax agent. We flag them in your results and say which assumption we used.

Provide all the records needed to calculate the supported transactions, including purchases from earlier financial years. Statements covering only the year of sale may not contain enough information. If earlier purchases or other needed information are missing, the data check stops the calculation and tells you what to add; we do not produce a result from incomplete data. We do not check your records against your broker or any other outside source, so review the data we show you.

3. What CGTDesk is not

• It is not a registered tax agent, and it does not provide personalised tax advice, financial product advice or any other personal advice.
• It does not prepare, review or lodge tax returns, and it is not affiliated with or endorsed by the ATO.
• It does not know your whole situation, such as your other income, other brokers or accounts, residency, or losses from earlier years that you did not tell us about.

4. Your responsibility

• You are responsible for your tax return and for every figure you report in it.
• Review the data, results, assumptions and warnings before using the results for tax purposes. Seek advice from a registered tax agent if you are unsure whether the calculation method or results are right for your circumstances.
• Upload files in the layout your broker exported them, and give us the records the data check asks for. If the check names a problem in a file, fix just that and upload it again.
• CGTDesk is not a substitute for keeping your own tax records. Download and keep your source records, reports and calculation details. Cases that are not used are deleted (see section 11).
• Tell us if you think something we calculated is wrong, so we can look at it.

5. Your account

You must be at least 18. Give us a correct email address and take reasonable steps to keep your login details secure. Tell us promptly if you think someone else has accessed your account. You are responsible for activity you authorise and for following these account-security requirements.

6. Your data

You keep any rights you have in the statements you upload and in your results. You authorise us and our service providers to process them to provide and support CGTDesk, as described in the Privacy Policy. We may also handle information for security, payment administration, dispute resolution and legal compliance, as that policy explains. Only upload statements that are yours, or that you are authorised to use. We do not sell your data.

7. Using CGTDesk fairly

Do not attack, overload or maliciously probe the service, get around its limits, try to reach anyone else's data, upload files that are harmful or that you have no right to use, copy the service by automated means, or resell it. If you find a security problem, please report it to support@cgtdesk.com; good-faith reports are welcome.

8. Availability and changes

Results are usually ready within a few minutes and always within 24 hours. If a result you paid for is not ready in that time, contact support@cgtdesk.com and we will fix it or refund you. We do not promise the service will always be available or error free. We may change features, or update the rules and exchange rates the calculation uses. We may suspend or end an account that breaks these terms, with notice where we reasonably can, and we will deal fairly with any year you have already paid for.

9. Cost and payment

Creating an account, uploading statements, the data check and its quality report are free. To see the results of a financial year, and to download its report and trades file, you pay a fixed price for that broker and that financial year. Prices are in Australian dollars, are shown to you before you pay, and are set out on our website. A year in which a broker has no trades is free.

• A payment unlocks one broker and one financial year for the account holder named in the statements. The year stays unlocked, and you can fix your data and recalculate it as often as you like at no extra cost. It is not tied to one case: if you delete a case and upload the same statements again, the year you paid for stays unlocked.
• If a year is too large to price on the website, we will quote you by email.
• We are not currently registered for GST, so no GST is charged. If that changes we will tell you before you pay.
• Payments are processed by Stripe. We do not receive or store your full card number or card security code. We keep a record of each purchase (the years, the amount, the dates and Stripe’s references) for tax and record keeping.

Refunds. We do not offer refunds solely for a change of mind after a paid year has been unlocked. If you are charged more than once for the same year, or we cannot deliver a year you paid for, we will refund you or fix it. None of this affects any right or remedy you have under the Australian Consumer Law, including where the service does not meet an applicable consumer guarantee. To ask, write to support@cgtdesk.com.

10. Our responsibility to you

We will provide CGTDesk with reasonable care and skill. Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified. Subject to that, and as far as the law allows:

• we are not liable for loss caused by records you gave us that were wrong or incomplete, by transactions the service told you it does not support, or by warnings you were shown and did not act on;
• we are not liable for indirect or consequential loss; and
• our total liability to you for a claim is limited to the amount you paid us in the 12 months before the claim.

Tax you owe under the law is not a loss we cause. Nothing in this section limits our liability where the law does not allow it to be limited.

11. Ending your use, and your data

You can delete a case at any time from the site, or ask to delete your account. Cases left untouched for 24 months are deleted automatically. Deleted data is removed from our live systems; we keep backup copies and records of purchases for up to 2 years, as the Privacy Policy explains. Deleting a case or your account does not cancel a year you have already paid for. We may end an account that breaks these terms (see section 8). Sections 3, 4, 9 and 10, and any rights that have already arisen, continue after your account ends.

12. Changes to these terms

We may update these terms. The version at the top shows which one applies. A change takes effect on the date we state, and we will tell you in advance of any change that is materially to your disadvantage. Years you have already paid for stay unlocked on the terms you bought them under, or on better ones.

13. Governing law

These terms are governed by the law of Queensland. You and we submit to the non-exclusive jurisdiction of its courts. This does not take away any right you have under the Australian Consumer Law.

14. Contact

Questions about these terms: hello@cgtdesk.com. Product help: support@cgtdesk.com.