A fresh take on the law and tax implications around digital money in India

Ayush , Last updated: 29 July 2024  
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While the cryptocurrency bill, passed in 2021 and presently under assessment and process, is as straightforward as it could've been at that moment, many investors may still find investments in digital money like Bitcoin perplexing, especially if we talk about newcomers to the crypto realm. Digital money, also known as digital coins and generally associated with the primary and most prominent cryptocurrency, Bitcoin, can put off interested wannabe investors for the legal scheme around them is often perceived as red tape - burdensome, complicated, and often ambiguous. Add that cryptocurrency is loosely but misleadingly mistaken as Bitcoin, and everything becomes at sixes and sevens. Bitcoin isn't the only cryptocurrency, having Ethereum, Binance Coin, Tether, and other boundless digital money projects follow in its footsteps - it's only the debut of the forerunner that commenced all the craze.

The Indian government already made strides toward Bitcoin embracement when it brought out taxation on these digital belongings in 2022's Union Budget, symbolizing a tremendous milestone. Nevertheless, according to Binance, interest in this asset is rising along with the growing demand fueled by bettering prices, so aspiring investors looking into Bitcoin acquisitions may still have to grasp a thing or two.

This is why we're offering a roundup of the main considerations that shouldn't be overlooked before commencing the journey so that everything is in accordance with the current yet ever-changing legal system in India. Keep reading!

A fresh take on the law and tax implications around digital money in India

A quick intro to crypto in Inndia

For what's worth, it's important to remember that cryptos like Bitcoin lack regulation from any central authority in India, making Bitcoin more attractive for businesses and customers looking to evade some fees that usually result from intermediaries' involvement in financial transactions. Evidently, this lack of regulatory implication also translates to zero regulations, rules, or guidance proposed on how to settle disputes when Bitcoin and other cryptocurrencies get involved in business. Trading thus becomes a personal risk voluntarily taken by every investor and trader, having them deal with any consequent aftermaths or disillusions, just like they do when there are profits to be cashed in.

Crypto in India - a problem of legality no more?

Nirmala Sitharaman, the Finance Minister of India, set forth the taxation of digital assets in the country and boosted the already-noisy debates around the legal issues involved in Bitcoin ownership and trading. While some came to terms with the idea of having some set amount of their digital wealth fly out of their digital pockets, believing in the power of such undertaking to boost the assets' mainstreamness, the government hasn't yet proposed any official statements on the issue of the legality around Bitcoin.

Drawing parallels between the firm statement put forth by China, Nepal, Egypt, Morocco, and several other countries where cryptos like Bitcoin are illegal, one can only assume that these assets are also banned in India - or, at least, wrapped in legal ambiguity. Yet, there's no specific ban on these financial tools, which is comforting for those looking to benefit from their emergence, especially if we stop to think that the government is seizing a pretty significant portion of gains from crypto management.

As per the 2022 Union Budget, the Indian government has introduced taxations on crypto, namely a 30% bite from profits generated through crypto and a 1% charge subtracted at source. India isn't the only country that treats crypto profits as capital gains, imposing the usual fees. Actually, most of today's nations bite from investors' crypto-generated profits more or less, which is a golden lesson to remember before starting trading and mistakenly thinking that all the ROI is bound to remain yours.

The Indian crypto tax: where we're positioned momentarily

Cryptocurrency taxes represent one of the most perplexing economic and financial matters in India, triggering the current level of confusion, skepticism, and reluctance toward money digitalization and blockchain-based transactions. Originally, there was no Goods and Services Tax or Income Tax Act overseeing crypto investments in India. However, the Union Budget launched two years ago brought about a fresh legal take on cryptocurrencies, submitting a tax regime for digital or virtual holdings with crypto included, as well as non-fungible tokens (NFTs).

This is a lowdown on the statements put forth by the document:

  • Profits made from transactions with non-fungible tokens, cryptocurrencies, and other digital and virtual assets will be subjected to a 30% tax charge
  • Only the buying price will be taken into consideration when reporting profits from virtual asset transfers, excluding any additional deduction
  • If the purchaser's payment surpasses a pre-established threshold, they'll encounter a 1% tax deduction associable with the TDS
  • Crypto investors must communicate both the calculated losses and profits as part of their incomes
  • Losses from crypto investments aren't alleviated through balances against other income
  • If crypto is earned as a gift or transferred, it's prone to tax at the recipient's end.
 

The crypto bill pushing advancement forward

The Crypto Bill enforced in 2021 in India represents a legislative undertaking set forth by the government in the Lok Sabha, also known as the House of the People, to regulate the country's flourishing crypto market at that time. Over the past few years, this industry has significantly enriched investors, especially during the post-pandemic era, both on a global scale and within national boundaries.

Crypto exchanges in the country are seeing volumes grow by leaps and bounds, which is where regulation from the government could reduce a significant part of the risks otherwise involved in such initiatives. An unregulated cryptocurrency market could bring about its fair share of struggles and challenges even if investors and entrepreneurs are protected by the government at all costs. Nevertheless, it's far-fetched to say that investments in any other industry and financial tools come risk-free; it's only that the crypto sector is still in its developmental years, having yet to solidify its foundation as a mature niche.

The bill aims to build a safe structure for a new initiative to break through, namely the creation of digital coins launched by the Reserve Bank of India. This undertaking seeks to ban other private cryptos, permitting certain exemptions to help the underlying technology, blockchain, thrive across the nation.

 

Concluding

The potential of blockchain to speed up financial transactions and bridge the gap between businesses and customers is priceless, which is why India invests highly in this sector and its knowledge and skill spreading. Cryptocurrencies have a bright future ahead, so learning more about them will only benefit the disciple in the future.

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Ayush
(Executive )
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