Cryptocurrency Tax Advisor | CA in Mumbai | Chartered Accountant

2021 (88)

We are Chartered Accountants in Mumbai - We are a professionally managed firm providing best quality services to clients in Mumbai. The Mission of our Firm is to provide clients with a One Stop Solution for all Business, Financial and Compliance needs. Our firm’s focus on Honesty, Integrity & Excellence has created immense value & wealth for our clients. We are the leading crypto tax consultants in India. We are rated as best CA in Mumbai by our clients. We prefer to take a proactive vs. reactive approach to tax services. By keeping current on new tax laws and legislation, we are in a position to identify key tax planning opportunities that minimize both current and future tax liabilities. We provide our individual and business clients with the taxation expertise and knowledge that they deserve throughout the year. Our services incorporate all of the following: Individuals Corporations Partnerships LLPs Estates, trusts & gifts Not-for-profit organizations Tax effects of buying/selling a Property We serve individuals and owners of small businesses in the Greater Mumbai area, including Mahavir Nagar, Charkop, Gorai, Borivali West and East, Kandivali West and East, Malad, Goregaon, Andheri, Bandra, Dadar, Lower Parel, Thane, Mulund, Ghatkopar & Churgate. We are specialists in following Areas: **Crypto Tax Advisory** - Maintaining and updating crypto holdings/portfolio - Advice on possible tax efficiencies - Maintaining robust documentation - Computation of tax liabilities and Compliance **Crypto Tax Compliances** - Ascertaining type of ITR (Income Tax Return) applicable - Accurately reporting different crypto incomes - Verification and uploading of Income Tax Return assesment **Crypto Tax Assessment** - Responding to notices issued by the Income Tax Department - Representing clients during Income Tax hearings - Negotiation and assistance in completion of assessment **Income Tax Advisor :** Income Tax Planning, GST Registration, GST Returns, etc Top Mumbai Accounting Firm : Book Keeping, Auditing, etc Tax Preparation Service : Income Tax Returns, IT Appeals, TDS, etc Financial Advisor : Financial Planning, Wealth Creation & Investment advisory Our firm is adept at executing multi-location work for its clients which span across various locations. The firm caters to Individuals & Corporates and supports them in their growth. Our CORE focus of Accounting, Taxation and Financial Advisory with effective execution strategies, form an integral part of our practice. We provide these services to Individuals as well as Corporates.

Is Crypto Tax Fair?

TLDR: Not really. If anything they should probably be taxed like forex trading.

The idea behind crypto currencies is that it's a non-government currency, not property. However the government in many countries view crypto currencies as property with associated capital gains implications. Essentially what happens is that if you save money in crypto, then want to buy goods (or other crypto) with that crypto, you are going to have to keep track of any gains, which can quickly become a nightmare.

In contrast, forex trading is also taxed, however profits are summed at the end of the year and any gains are just additional income added on top of whatever else you earned for the year. This limits the chance that you didn’t sell high and held through the tax year, only to have to pay sometimes 60-70% tax on your remaining portfolio during a bear market, as has been the case with many of our users.

But does the government care? Probably not. It is a common strategy for the government to heavily tax things it doesn’t like, and as competition to fiat currency, you can be sure they don’t like crypto. And so we join the ranks of tobacco, alcohol, and gambling taxes.

If you can’t ban it, tax it.

All content in this article is general information only and does not constitute financial, tax or legal advice. It is not intended to be used by anyone for the purpose of financial advice, legal advice, tax advice, tax avoidance, promoting, marketing or recommending to any other party any matter addressed herein. For tax, financial or legal advice please consult your own professional.

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

CA in Mumbai | Chartered Accountant in Mumbai | Tax Consultant | Tax Advisor | Borivali | Kandivali | Malad


FAQ about Cryptocurrency Taxation

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

Cryptocurrency Taxation CA in Mumbai | Cryptocurrency Taxation Chartered Accountant in Mumbai | Cryptocurrency Taxation Tax Consultant | Cryptocurrency Taxation Tax Advisor | Borivali | Kandivali | Malad

FILE INCOME TAX RETURNS FOR YOUR BITCOIN PROFITS - 2021

Profited from Bitcoins or other Cryptocurrencies and not sure how to file your income tax returns? Did you know gains from bitcoin can be treated as capital gains or Forex trading gains and hence taxed? We are India’s leading tax filing portal to help you to file your returns to calculate your tax and finish filing income tax returns within 2 days.

Anyone who earns any income in Bitcoin needs to declare their income and pay taxes. That seems fair enough. But this is also where things start getting confusing for most people.

The fact is that, in the absence of any guidelines from CBDT, ICAI, RBI or the Income Tax Department, cryptocurrency investors from India are largely left to figure this out on our own. As an early adopter to crypto, I was perplexed with the subject of accounting my income in cryptocurrency from blogging and consulting. During my research into this subject, I’ve interviewed professional tax consultants and an income tax official.

The fact is that the IT Act does not stop you from earning or profiteering from investments in cryptocurrencies and allows you to declare your gains and pay taxes on it. Therefore, as per a professional tax consultant, the four most common and safe ways of filing your returns after declaring your income from cryptocurrencies are as follows:

Capital Gains

If you are a casual investor in Bitcoins, any profit resulting from the sale of your cryptocurrency is taxed as short-term capital gains as per your income tax slab rate. If your income exceeds Rs 10 lakh then there will be a 30 percent tax on the profits plus surcharge and cess.

Professional tax consultants seem to be favoring these parameters to consider Bitcoin as a store of value similar to a stock in a company as opposed to a mode of payment in order to make it easier to file returns for their respective clients.

In case of any long-term capital gains, the tax rate applicable is only 20 percent on your profits. The time period of the asset needs to be considered here while making an assessment and most auditors seem to be preferring to equate the time period of equity (minimum holding period of 2 years) to Bitcoins. You can also account for indexation to reduce your tax burden.

Business Income

If you are a Bitcoin trader with substantial and frequent transactions it could be considered as a business (trading) income. Here you can account for your profit and loss accordingly. CBDT in the past has issued a circular to distinguish when equity is held short-term as an investment versus a stock-in-trade.

Here, an applicable rate of income tax as per your income slab will apply. If your income exceeds 10 lakh rupees then the applicable tax rate is 30 percent plus surcharge and cess.

Professional Income

If you are a blogger, freelancer, or consultant earning in Bitcoins, you may be wondering how to file your taxes for income from any services rendered to clients in India or abroad.

For example. one of my client is a consultant paid in Bitcoin and also a professional blogger on Steemit.com. On Steemit, he earns in the cryptocurrency, ‘Steem’, which he then sells to purchase Bitcoin. Then, he uses an Indian Bitcoin exchange such as CoinSecure.in or Zebpay to sell Bitcoin for Indian rupees and cash out his earnings. This is fully transparent as all Indian exchanges adhere to KYC norms.

Here, an applicable rate of income tax as per his income slab will apply. If his income exceeds Rs 10 lakh then the applicable tax rate would be 30 percent plus surcharge and cess.

Income from Other Sources

What if you are mining Bitcoins? If you fall under this category of Bitcoin users then you are likely to be only selling and never purchasing any Bitcoins. This is somewhat similar to rendering services as a consultant and earning in Bitcoin with the only difference being that you are not a professional.

You will be taxed as per the Income-tax slabs and if your income exceeds 10 lakhs, then the applicable tax rate is 30 percent plus surcharge and cess.

It is wise to declare your income from Bitcoins in your annual tax returns and hire an excellent professional tax consultant to do your accounting if you plan on mining, earning, or investing regularly in Bitcoins.

WORLDWIDE CRYPTO LICENSING

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FILE INCOME TAX RETURNS FOR YOUR BITCOIN PROFITS - 2021| Cryptocurrency CA in Mumbai | Cryptocurrency Chartered Accountant in Mumbai | Cryptocurrency Tax Consultant | Cryptocurrency Tax Advisor | Borivali | Kandivali | Malad