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With cryptocurrency prices soaring over the last few years, many Indians have raked in instant wealth. But paying taxes on this income has turned into a nightmare.

This is so because under Indian tax laws, the nature of virtual currency investments is unclear. What is certain is there’s NO ESCAPING TAXES.

In December 2017, the income tax (I-T) department surveyed several cryptocurrency exchanges in the country to understand their modus operandi and user base. Since then, notices have reportedly been served to about 500,000 investors for non-payment of taxes. In the past few months, the bourses, too, have appeared on the Reserve Bank of India’ and the government’s radar.

So without further delay, below are some FAQs on Cryptocurreny and it's Taxation.

1 - Question on Classification of cryptocurrencies trading

Whether cryptocurrencies can be classified as either capital gains or business income?

Answer:

In view of Section 2(14) of the Income-tax Act 1961, a capital asset means a property of any kind held by a person, whether or not connected with his business or profession. The term 'property', though has no statutory meaning, yet it signifies every possible interest which a person can acquire, hold or enjoy.

Therefore, bitcoin could be deemed as capital assets if they are purchased for the purpose of investments by taxpayers. Any gain arising on transfer of a cryptocurrencies shall be taxable as capital gains. However, if the transactions are substantial and frequent, it could be held that the taxpayer is trading in cryptocurrencies. In this case, the income from sale of cryptocurrencies would be taxable as business income,

However, as far as India is concerned, you would not find any business dealing in cryptocurrencies. You will find brokers and investors, who deal regularly in stocks and commodities, but when it comes to cryptocurrencies, you would never find any broker who is holding a virtual currency as a stock in trade Wadhwa added.

Therefore, the gains made from investing in bitcoins or virtual currencies are taxable as capital gains, and to calculate capital gains, one needs to first calculate the period of holding. If investors hold cryptocurrencies for 36 months or more, the gains would be taxable as long-term capital gains (LTCG), and less than 36 months, it would be short-term capital gains (STCG).

Short-term capital gains are taxable as per the slab rates applicable to a taxpayer. And long-term capital gains are taxed at the flat rate of 20% with the benefit of indexation.

When it comes to filing ITR, individuals having taxable income more than ₹50 lakh have to mandatorily fill in Schedule AL in ITR forms, which contains information related to investments in mutual funds and securities, including cryptocurrencies.

Moreover, if a company or a partnership firm has made an investment out of their business funds into a cryptocurrency, then it is mandatory for them to show it in their balance sheet as they have to follow the accounting standards.

2 - Question from Client on Crypto arbitrage using debit card

Hi Sir, I am purchasing bitcoin in foreign exchange through debit card and selling them in indian exchange and repeating the cycle . is there any legal complications in doing so. Kindly let me know.

Answer:

There is no illegality as of now for trading in cryptocurrency in India. However, arbitrage arises when you are buying/selling cryptocurrency abroad and selling/buying them in India to get the benefit of changes in the rates. It implies that there may be usage of foreign exchange.

Since you will be selling in India and you are a resident of India, the profits that you earn in India will be taxable in India. You will pay taxes only on your share of profits. Further, currently there is no clarity on GST on bitcoin transactions. 

Banking compliances would be there for foreign payments, such as Form 15CA.

3 - Question from Client - Is it legal to buy cryptocurrency in USA and sell in India?

Hello,
As there are some arbitrage in cryptocurrency exchanges in USA and INDIA , is it legal to send USD to friend in USA and let her  buy bitcoin over there and tell her to send those bitcoin to your wallet and later on sell these bitcoins in India?
Scenario is ,
Lets say I transfer 100$ to her US bank account. She buys bitcoin in US crypto exchange and transfer those bitcoins to my wallet. I encash those bitcoins and lets say I get  INR equivalent to 105 $ . Then
1. Do I have to pay tax on 105$ or the 5$ earned?
2. And how I can link my  100$ transfer to my friend and 105$ gained by selling bitcoin?
3. If above scenario is possible then what are the documents I will need to support it ?

Answer:

1) You will pay tax on $5 and not on the entire $105. There are no clearly defined laws in India regulating the sale and purchase of bitcoins. So there is nothing legal neither illegal in trading in cryptocurrency / bitcoins as of now.

2) You will have get the transaction details from the exchange and have to calculate capital gains basis that.

3) As mentioned in Point 2. You need to have the transaction details from the exchange and have to calculate capital gains basis that.

4 - Question on Accounting Method and Cryptocurrencies tax treatment

1) Should I consider LIFO or FIFO for tax calculations for cryptocurrencies capital gains?
2) cryptocurrencies or shares sold but the Fiat was not transferred to bank account and was still in Demat account / crypto exchange, and within next few days more cryptocurrencies / shares were purchased using that very same Fiat(capital+profit) within same financial year, will the capital gain tax be paid on it or it is to be paid when the Fiat is transferred to bank account in future?

Answer:

1. It should be FIFO method.

2. Capital gain is applicable on sale of cryptocurrencies. It is nothing to do with bank account transfer.

5 - Question on setoff of capital losses against capital gains

1. Is it possible to adjust short term capital gains with short term capital losses occurred in the same Financial year, if yes   is there a provision to carry forward the adjustment.
2. If another cryptocurrency/asset is purchased against some other cryptocurrency/asset will that also be considered as sale of the previous asset?

Answer:

If the exchange of cryptocurrencies/assets takes place outside India, will it come under Indian tax law?

Answer:

Disclaimer: The contents of this article are for information purposes only and do not constitute an advice or a legal opinion and are personal views of the author. It is based upon relevant law and/or facts available at that point of time and prepared with due accuracy & reliability. Readers are requested to check and refer relevant provisions of statute, latest judicial pronouncements, circulars, clarifications etc before acting on the basis of the above write up.  The possibility of other views on the subject matter cannot be ruled out. By the use of the said information, you agree that we are not responsible or liable in any manner for the authenticity, accuracy, completeness, errors or any kind of omissions in this piece of information for any action taken thereof. CA Mitesh and Associates is Mumbai's leading Cryptocurrency Taxation Firm which is committed to helping people navigate complex tax laws and banking regulations. Our main aim is to assist the individuals with applicable laws & regulations compliance and providing support at each & every level to make sure that they stay compliant and grow continuously. For any query, help or feedback you may get in touch here - Appointment with CA

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Below are few FAQ about Cryptocurrency Taxation. This post is based on CA or Chartered Accountants perspective on Cryptocurrency Taxation. For any other questions, please schedule an appointment. 

FREQUENTLY ASKED QUESTIONS

1) Is it legal to hold, trade or invest in cryptocurrencies in India?

There is no explicit ban on holding/trading/investing/dealing in cryptocurrencies.

The only prohibition in place is on banks, regulated by the RBI, from providing banking access/services to any individual or entity dealing in virtual currencies.

2) Do I have to pay tax on income or profits earned from cryptocurrencies?

Absolutely. It is essential to declare such income in the Income Tax returns and pay tax accordingly.

While investing or trading in cryptocurrencies is not illegal, any income earned thereof on which tax is not paid would be deemed as illegitimate wealth.

3) What is the rate of tax applicable to income from cryptocurrencies?

Depends upon the nature of activity undertaken with cryptocurrencies. The rate of tax would differ for investors vis-à-vis traders, miners or blockchain businesses.

4) What if I don’t pay tax?

The Indian Income Tax Department can obtain information on persons/entities holding cryptocurrencies from various sources.

In case a person/entity is found to have evaded taxes, severe penal provisions under the Income Tax Act would become enforceable.

5) Do I need to report cryptocurrencies held/traded outside India?

Yes.

In case you are an Indian Resident, all assets held outside India are required to be disclosed in the Income Tax return. Further, any income earned from such assets shall be chargeable to Income Tax in India. Failure to do so can invite severe penalties under the Black Money and Imposition of Tax Act, 2015.

6) How do I monitor all my transactions and track profits/gains?

We at CA Mitesh and Associates will help you maintain a consolidated and up-to-date record of all transactions and incomes earned from any Blockchain or cryptocurrency exchange.

7) How do I compute and report my Income Tax liability?

We at CA Mitesh and Associates will help you to comprehensively ascertains any and all tax liabilities, followed by assistance in completing and filing Income Tax Returns.

8) Can I receive an Income Tax notice?

Yes.

A notice may be served under several circumstances including non-reporting of income, shortfall in payment of tax or non-disclosure of foreign assets/holdings.

9) What happens when I receive an Income Tax notice?

The tax assessment notice shall need to be responded to via personal representation or a written submission.

We at CA Mitesh and Associates will handle end-to-end assessment procedures. All responsibilities of corresponding with the Income Tax Department are handled, ensuring least possible inconvenience to our clients.

10) How is crypto tax calculated?

You can be liable for both capital gains and income tax depending on the type of cryptocurrency transaction, and your invididual circumstances. For example, you might need to pay capital gains on profits from buying and selling cryptocurrency, or pay income tax on interest earned when holding crypto.

11) I lost money trading cryptocurrency. Do I still pay tax?

The way cryptocurrencies are taxed in most countries mean that investors might still need to pay tax, regardless of if they made an overall profit or loss. Depending on your circumstances, taxes are usually realised at the time of the transaction, and not on the overall position at the end of the financial year.

12) Which of your crypto activities are taxable?

Taxability doesn’t mean you will pay tax on every crypto engagement under the sun. These are the cryptocurrency trading and investment activities that require you to pay tax. These activities cut across almost all countries. 

- When you sell your cryptocurrency for fiat (USD, GBP, INR, AUD, JPY, EUR…)
- Exchanging your cryptocurrency for another cryptocurrency
- Using your crypto assets to pay for goods or services
- When you receive cryptocurrency as earnings (either through mining or as payment for services offered to a third party)

13) Which of your crypto activities are Non-taxable?

Not all cryptocurrency engagements attract taxes. Here are the activities you don't need to pay taxes on: 

- When you move your cryptocurrency from one wallet to another or between crypto exchanges. 
- Donating cryptocurrency to a non-taxable charity organization
- When you buy crypto with fiat 
- When you give cryptocurrency as a gift to a friend or family. 

Disclaimer: The contents of this article are for information purposes only and do not constitute an advice or a legal opinion and are personal views of the author. It is based upon relevant law and/or facts available at that point of time and prepared with due accuracy & reliability. Readers are requested to check and refer relevant provisions of statute, latest judicial pronouncements, circulars, clarifications etc before acting on the basis of the above write up.  The possibility of other views on the subject matter cannot be ruled out. By the use of the said information, you agree that we are not responsible or liable in any manner for the authenticity, accuracy, completeness, errors or any kind of omissions in this piece of information for any action taken thereof. CA Mitesh and Associates is Mumbai's leading Cryptocurrency Taxation Firm which is committed to helping people navigate complex tax laws and banking regulations. Our main aim is to assist the individuals with applicable laws & regulations compliance and providing support at each & every level to make sure that they stay compliant and grow continuously. For any query, help or feedback you may get in touch here - Appointment with CA