Taxation of Money Lost in a Crypto Scam in India 2023 | What is a crypto scam? Phishing scams, Fake crypto trading scam via WhatsApp & Telegram groups, Giveaway scams, Rug pulls, Dusting attacks, Are coins lost in a crypto scam subject to taxation? Is it possible to declare crypto lost in a scam as a capital loss? USDT Arbitrage | Crypto Arbitrage | Risk Free Money | Buying USDT overseas | Overseas Direct Investment | Cryptocurrency scams | Recover Money | Hongkong | WhatsApp | Telegram | Free Consultation | Legal Help | Recover Money | Cryptocurrency Scams | Cryptocurrency Fraud | Fake Trading | Bitcoin Fraud | Withdraw Money

Taxation of Money Lost in a Crypto Scam in India 2024

Crypto scams are very widespread. From phishing to rug pulls to fake crypto trading scam to crypto giveaway scams, billions of dollars are annually lost by investors to fraudulent crypto schemes. If you have experienced the misfortune of losing money to a crypto scam, you may be concerned about the implications for your tax liability. In this article, we will delve into the essential details regarding taxes and crypto scams in India. This includes exploring the possibility of treating your lost coins as a capital loss and utilizing it to counterbalance your gains.

Table of Contents

What is a crypto scam?

There are many types of crypto scams some of most prevalent are as follows:

Phishing scams

Phishing scams have been around long before the emergence of the crypto market. These scams involve imposters posing as legitimate entities, such as crypto exchanges, with the intention of obtaining private keys to gain unauthorized access to victims' cryptocurrency wallet funds.
 
Taxation of Money Lost in a Crypto Scam in India 2023 | What is a crypto scam? Phishing scams, Fake crypto trading scam via WhatsApp & Telegram groups, Giveaway scams, Rug pulls, Dusting attacks, Are coins lost in a crypto scam subject to taxation? Is it possible to declare crypto lost in a scam as a capital loss? USDT Arbitrage | Crypto Arbitrage | Risk Free Money | Buying USDT overseas | Overseas Direct Investment | Cryptocurrency scams | Recover Money | Hongkong | WhatsApp | Telegram | Free Consultation | Legal Help | Recover Money | Cryptocurrency Scams | Cryptocurrency Fraud | Fake Trading | Bitcoin Fraud | Withdraw Money

Fake crypto trading scam via WhatsApp & Telegram groups

In this scam, victim gets added to random WhatsApp or Telegram group(s). Admin and others group members asks the victim to install the app XYZABC through their own link. Victim is encouraged to participate in crypto trading in large amount through that app. The victim would see their investments soaring and the value of their investments quadruple overnight. They are then encouraged to invest even more money via their app. But when the victim tries to withdraw any of their investments or gains, it is never honoured by them. Usually these scams operate from China, Hong Kong, Myanmar, etc
 

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Giveaway scams

Giveaway scams work similarly. Scammers entice victims with enticing offers that appear to be once-in-a-lifetime opportunities. These fraudulent schemes may promise immediate returns, such as airdrops, luring unsuspecting individuals into transfer their cryptocurrencies or fiat.

Rug pulls

Rug pulls have emerged as a relatively recent type of crypto scam, and they have become particularly prevalent within the decentralized finance (DeFi) space. In a DeFi rug pull, scammers establish a DeFi protocol, often offering unrealistically high yield returns, and swiftly abandon the project after collecting all the funds invested by individuals. This type of scam can also occur within the centralized crypto market, where fraudsters create new coins that promise extraordinary growth but never deliver, ultimately absconding with investors' funds.
Taxation of Money Lost in a Crypto Scam in India 2023 | What is a crypto scam? Phishing scams, Fake crypto trading scam via WhatsApp & Telegram groups, Giveaway scams, Rug pulls, Dusting attacks, Are coins lost in a crypto scam subject to taxation? Is it possible to declare crypto lost in a scam as a capital loss? USDT Arbitrage | Crypto Arbitrage | Risk Free Money | Buying USDT overseas | Overseas Direct Investment | Cryptocurrency scams | Recover Money | Hongkong | WhatsApp | Telegram | Free Consultation | Legal Help | Recover Money | Cryptocurrency Scams | Cryptocurrency Fraud | Fake Trading | Bitcoin Fraud | Withdraw Money
It is crucial to exercise caution when dealing with new and unestablished crypto coins, platforms, or projects, and it is essential to refrain from disclosing your private keys. However, many of these scams appear legitimate, especially in an unregulated market. Notably, in the first quarter of 2023, the FBI reported that cybercriminals managed to steal $1.65 billion in cryptocurrencies, with 95% of these funds being pilfered from DeFi platforms.

Dusting attacks

Dusting attacks, while not new, are growing in popularity and should be highlighted to ensure awareness and prevention. In the realm of cryptocurrencies, "dust" refers to a minuscule amount of coins or tokens present in a wallet that is too insignificant to cover the transaction fees required for transfer. For instance, a few hundred Satoshis would typically be considered as dust. Many users tend to overlook these small amounts in their wallets, and malicious actors have capitalized on this through what is known as a dusting attack.

A dusting attack involves scammers sending small amounts of dust to numerous wallet addresses. By doing so, the scammers aim to deduce which addresses belong to the same crypto wallet. The ultimate objective is to link the dusted addresses and wallets to specific individuals or companies. If successful, the scammers may then target these individuals or companies with phishing attacks or extortion threats based on the obtained information. It is therefore crucial to be cautious and proactive in safeguarding against such attacks.

It is important to recognize that if you have unfortunately become a victim of a crypto scam, you are not alone. It is understandable that you might hope to treat it as a capital loss to potentially mitigate the impact on your tax bill, seeking a small silver lining in the situation. However, dealing with the tax implications of crypto scams is not as straightforward as it may seem.

Are coins lost in a crypto scam subject to taxation?

Fortunately, if you lose your crypto assets due to theft, it won't be considered a taxable event. Meaning, you won't be liable to pay capital gains tax on any notional "gains" resulting from the difference in value between the day your coins were lost and the day they were acquired. This approach may seem obvious and fair, but as experienced by crypto investors, the income tax department tends to seize opportunities to apply taxes to cryptocurrency at every opportunity.

However, in the case of victims who have lost their assets entirely due to crypto hacks, the larger question arises: Can they claim a capital loss? A capital loss has the potential to offset a capital gain in many countries (except India), serving as a standard tax strategy employed by many investors.

Is it possible to declare crypto lost in a scam as a capital loss?

In India, Income from the transfer of virtual digital assets such as crypto and NFTs will be taxed at 30% at the end of each financial year. No deduction, except the cost of acquisition, will be allowed while reporting income from the transfer of digital assets. This means any capital loss due to crypto lost in a scam won't be allowed as deduction. So in terms of taxation, the impact of crypto lost due to scam is that you treat it as a write-off, resulting in NO recognized gain or loss. The stolen asset is considered as simply gone, and there are no capital gains or losses attributed to it.

However, it is important to note that the treatment of stolen crypto varies depending on the jurisdiction in which you reside. It is worthwhile to examine the policies of different tax offices worldwide to determine whether they permit the claiming of crypto scams as a capital loss.

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Conclusion

Crypto scams, including phishing scams and rug pulls, are widespread occurrences. In the event of stolen crypto, you generally won't be subject to taxation on the losses incurred. In India, no deduction, except the cost of acquisition, is allowed while reporting income from the transfer of digital assets. This means any loss due to crypto lost in a scam won't be allowed as deduction.

The possibility of claiming stolen crypto as a capital loss is highly contingent upon the regulations of your jurisdiction. The eligibility to claim such losses varies based on the country or region in which you reside. For example - in the United States, it is not possible to claim stolen crypto as a capital loss. Similarly, in the United Kingdom, claiming stolen crypto as a capital loss is not allowed. On the other hand, in Australia, you have the ability to claim stolen crypto as a capital loss. In Canada, there is a possibility that you might be able to claim stolen crypto as a capital loss, although the specific circumstances and regulations may vary.

DISCLAIMER

 
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