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Bitcoin Taxation India

Bitcoin Taxation (23)

Crypto investors and traders have been plagued by regulatory uncertainty in India. As the Indian Government authorities continue to struggle in fundamentally differentiating. Bitcoin from Blockchain, the subcontinent's economy is positioned to lose out on, what is possibly, the century's biggest revolution. Having added to the fear, uncertainty and doubt, is the ring-fencing notification issued by the RBI, restricting banking access to Indian crypto exchanges. Despite the speed-bump, believers of the Blockchain technology remain undeterred, thanks to which trading volumes have picked up on the Indian exchanges. Although there isn’t any clarity in tax legislation, the Indian Revenue Authorities are breathing down the necks of crypto traders. It is, therefore, imperative to accurately compute and report any income from cryptocurrencies. Consult a top-notch Cryptocurrency CA to get clarity on myriad of accounting and tax issues arising from Cryptocurrency 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 Keywords CMS Meta: cryptocurrency taxation india, bitcoin tax calculator 2020, crypto tax calculator india, income tax on cryptocurrency, crypto tax calculator coinbase india, crypto tax calculation india, how to calculate crypto gains,

Your Guide to Bitcoin Taxation

With all the confusion on Cryptocurrency, This is your Guide to Bitcoin Taxation

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

When you look at recent years, you will soon find that there has been a steady increase when it comes to the overall use of virtual currencies. This includes Dogecoin, Litecoin, Ethereum and Bitcoin. Crypto currencies are used not only as payment methods, but also as investment opportunities. Virtual currencies have also created a legal vacuum, which is now full to the brim with regulations. A lot of them revolve around tax and the way that cryptocurrency taxes are paid.

All About Bitcoin Tax

Bitcoin is the most prominent virtual currency. It’s important to know that it is a substitute for real currency and therefore holds the same value. You can change Bitcoin into Euro, Australian dollars, US dollars or another virtual currency. Usually any kind of cryptocurrency is traded online, anonymously. Bitcoin is unregulated as well, which means that it is not dependent on governmental backing or central banks. It’s important to know that Bitcoin has not obtained any kind of legal tender status in a lot of jurisdictions yet and certain tax authorities have noted its significance. If you want to find out more about Bitcoin tax, then take a look below.

The United States

The United States IRS service treats the currency, Bitcoin as being property as opposed to a currency. Any transactions that use Bitcoin will be taxed in the same way as property. This means that you need to report any Bitcoin transactions you do to the IRS so that they can be taxed. If you are a US taxpayer and you sell goods in exchange for Bitcoin currency, then you will be obliged to state the value of any Bitcoin you receive. You can file your crypto taxes in your annual tax return. The value of Bitcoin is based on the fair market value, on the date when the currency was received by the taxpayer. This would otherwise be the exchange data on the date of the receipt. If your virtual currency is an asset, such as stocks, bonds or any other type of investment property then it is your job as a taxpayer to take into account the taxable gains or losses. A taxable gain is when the USD market value in relation to Bitcoin is greater than the basis of the currency. A loss is when the market value is lower than the basis of the currency. If you happen to engage in Bitcoin mining or if you use your computer to validate transactions, then this will be subject to US taxation. If you find that the mining is successful, then the miner will need to include the fair market value and add it to your gross income. Wages that are paid in any kind of cryptocurrency, including Bitcoin are subject to tax withholding and social security. Taxpayers who do not comply may become subject to a range of penalties. For this reason, it’s vital that you take the time to understand the crypto tax in your area.

The EU

In the EU Bitcoin taxes are dependent on the country you are in. The purchase and sale of Bitcoin does not incur any VAT and Bitcoin transactions are in fact subject to other taxes as well. This can include income tax or capital gains. In the year 2015, the European Court of Justice ruled that any transactions that include Bitcoin are exempt from value-added tax. This is under the provision that it relates to currency, banknotes or coins, which are legal tender. According to the Court of Justice, Bitcoin is listed as being currency and it is not property. Nonetheless, many countries do tax Bitcoin with capital gains as well as income taxes.

The UK

In the UK, Bitcoin is a foreign currency. The tax rules that apply to losses and gains do in fact apply to transactions. Speculative transactions may not be subject to tax. HMRC do provide some vague information regarding the taxation and enforcement of Bitcoin transactions but they also say that each will be considered on the basis of circumstances and individual fact.

Germany

In Germany, Bitcoin has been considered as being private money since the year 2013. Although it is subject to 25% gains tax, this tax is only levied if the profits on the currency are acquired within a year of the receipt. This means that taxpayers who hold Bitcoin are not going to be subject to capital gains tax if they hold it for longer than a year. If this is the case, then their transaction will fall under the scope as being a private sale. The treatment of Bitcoin in Germany is very similar to shares and stocks.

Japan

In Japan, Bitcoin is known as being a payment method that is widely recognised. The sale of Bitcoin is completely exempt from consumption tax from 2017 and virtual currencies are asset-like values. This means that they can be transferred digitally. In the country of Japan, profits which are gained are considered as being business income and therefore are treated in accordance with capital gains for tax purposes. Source: Pexels (CC0 License)

Australia

In Australia, any transactions which use Bitcoin or any other type of virtual currency falls under the barter arrangement scope. AU tax authorities see Bitcoin as being an asset that can be used for capital gains. Businesses which conduct any kind of transaction by using Bitcoin should record and date the transaction, so that the value in AUD can be declared as being ordinary income. If Bitcoin transactions were being used for personal purposes then they would be exempt from taxation if any Bitcoin was used to buy goods or a service, which is for personal use or if the value is lower than AUD 10,000. It is important to note that if you held Bitcoin for investment purposes then you need to pay taxes on the gains. If you were to mine or exchange Bitcoin as a business, or for business purposes, then this would be considered as stock trading and would be taxed.

The World of Bitcoin Taxes

Different countries around the world view Bitcoin very differently and the tax you pay will largely depend on where you live, or where you are trading from. The EU consider Bitcoin to be a currency, but other jurisdictions, including Australia or even the US consider Bitcoin to be more of an asset or a property. If you want to find out how Bitcoin tax is calculated then the best thing that you can do is try and use an online tax calculator. When you do this, you can then simplify the whole process.

But how do I get my taxes sorted in India?

Fortunately we can help you sort out your Bitcoin taxes. Based on the categorisation of your transactions, we will help you calculate your crypto tax obligations and generate appropriate records based on your country requirements.

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

7 Crypto Tax Questions For Your CA Chartered Accountant

7 Crypto Tax Questions For Your CA Chartered Accountant

It doesn't matter whether you're a die-hard crypto trader or whether you occasionally dabble in crypto investing. If you've traded cryptocurrencies during the year, tax filing can get tricky. In case you've been under the impression that crypto transactions are anonymous and you don't really need to worry about paying taxes on them, you are wrong.

The India Income Tax Department had asked top crypto exchanges like WazirX, Coindcx, others for information on their India-based customers. What's more, they actually used this information to send out letters to suspected tax evaders. 

This is all to say that the India Income Tax Department is taking crypto taxation very seriously. So if you've been less than 100% when it comes to filing your crypto tax returns, this is the time to make up for it. If you're feeling overwhelmed and are not sure where to start, sit with your CA / Chartered Accountant and check whether they're up for the task of handling your crypto taxation. You can ask them these 7 questions to make sure they're up-to-date with the latest in crypto taxes and can help you sort out your crypto tax woes in time.

1. What kind of tax am I expected to pay on my cryptocurrency?

The India Income Tax Department treats cryptocurrency as property which means crypto transactions are treated in the same way as property transactions. To put it simply, if you sell crypto within one year of buying it, you will be subject to Short-term Capital Gains Tax (SCGT). If you wait for over a year, you will have to pay Long-term Capital Gains Tax (LCGT).

2. I have some transactions where I didn't sell my crypto for regular currency. I sold some Ethereum and bought bitcoin instead. Do I need to pay taxes for such a transaction?

This is a doubt that a lot of people have. If you didn't technically "sell" the cryptocurrency, do you still need to pay capital gains tax? However, the India Income Tax Department is quite clear about this. "Disposal" of any capital asset constitutes a taxable event. Disposal can mean a number of different things — from selling crypto to exchanging crypto for other cryptos, using crypto to purchase other goods, or even gifting crypto.

So how do you calculate your capital gains in this case? When it comes to crypto-to-crypto exchange, you need to keep accurate records of all your transactions. If you haven't done so yet, you can use crypto tax software to get your records in order. In this case, the fair market value of the crypto that you exchanged as on the date of the transaction will be the sales proceeds. You can then deduct the cost of purchase from the sales proceeds to calculate your capital gain.

3. Some part of my salary is paid to me in bitcoin. How do I report this income given that the price of crypto keeps fluctuating?

The salary you receive in crypto has to be added to your taxable income when it comes to calculating your taxes. The India Income Tax Department follows a fairly straightforward rule here — the fair market value of the bitcoin on the date that you received it is what will be added to your gross income. In this case, it's important for you to maintain accurate records as to when the cryptocurrency was credited to your account.

4. I am mining cryptocurrency. Do I have to pay self-employment tax? What expenses can I deduct when I report my taxable income?

The answer to this depends on the nature of mining. For instance, you might be mining bitcoin but as an employee working for someone else. And the bitcoins mined are not in your name. In this case, you would be treated as an employee and would not be subject to self-employment tax.

You might also be mining cryptocurrency but as a hobby, rather than a full-time business. In this case, it is not a self-employment activity and you wouldn't have to pay self-employment tax. At the same time, you wouldn't be able to deduct any mining-related expenses either.

If you're mining cryptocurrency in your own name and as a business, you would be considered self-employed and expected to pay self-employment tax. You would also be able to deduct certain expenses (hardware and software costs, electricity and utility bills, etc) from your profits in order to determine your net taxable income.

5. What about the tax treatment for cryptocurrency that you receive in a hard fork. Do I need to disclose this in my tax return?

Most experts believe that the fair market value of the coins received on the date of the fork is ordinary income and is taxable. Plus, this fair market value also becomes your cost basis when you end up selling the forked cryptocurrency.

6. What if I haven't maintained accurate records of my crypto transactions? What can I do to remedy the situation now?

For starters, you can use our services to help you organize your transactions and maintain accurate records. If there are still some discrepancies (for instance the exchange you used is no longer operational), utilize an estimate and explain why you have used such an estimate in your tax returns. This will safeguard you from a hefty penalty in case the Income Tax Department decides to pursue the discrepancy.

7. I have not been reporting my crypto investment in my tax returns for several years. What can I do about it now?

Since the India Income Tax Department is cracking down on crypto tax evasion, you need to act quickly. Schedule an appointment with us and we shall help you navigate this treacherous path. 

Bottomline

These are some of the most common questions that crypto investors are currently plagued with and your CA / Chartered Accountant should have strong, confident answers for these. If you're an active crypto trader and you feel like your CA / Chartered Accountant isn't as well-versed in crypto tax matters as they need to be, hiring a crypto tax accountant like us might be a good idea.

 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 India | Chartered Accountant India | Cryptocurrency Tax Calculations | Crypto Accounting | Cryptocurrency CA | USDT Arbitrage

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