Indian crypto investors who thought they could dodge taxes by trading on foreign platforms like Binance are in for a rude awakening.
The Income Tax department is now tightening the screws, ensuring that the 1% tax deducted at source (TDS) on crypto transactions-introduced in July 2022-is being properly paid.
Why Traders Flocked to Offshore Exchanges?
When the government slapped a 1% TDS on every crypto sale and a steep 30% tax on profits (way higher than stock market taxes), many traders looked for ways to escape the burden. Since 2020-21, a growing number of investors shifted their crypto holdings from Indian exchanges to foreign platforms, especially Binance. The logic? Offshore exchanges wouldn't automatically deduct TDS, making it seem like an easy loophole.
Even Non-Resident Indians (NRIs), who initially invested through Indian exchanges, got caught in this shift. Some traders withdrew funds from local platforms under the guise of "personal use" or "investment diversification," only to move them to overseas exchanges or private wallets.
How Traders Tried to Beat the System?
To avoid paying TDS, traders have been using several tactics:
Trading on Foreign Exchanges
Since platforms like Binance don't deduct TDS automatically, many traders assumed they could fly under the radar.
Peer-to-Peer (P2P) Deals
Binance and other exchanges allow P2P trading, where users directly buy and sell crypto using bank transfers. But Indian tax rules say the buyer must deduct 1% TDS-something many either ignore or don't know about.
Crypto Swaps
Swapping one token for another? That's taxable, too. Both parties are supposed to deduct TDS, but on foreign exchanges, this rarely happens.
Private Wallets & Privacy Coins
Once crypto moves from an exchange to a private wallet, tracking becomes tough. Some traders exploit this by using privacy-focused coins like Monero or Zcash, which are nearly impossible to trace. These coins aren't even listed on most Indian exchanges, making them a go-to for those looking to stay off the taxman's radar.
The Tax Department Fights Back
The authorities aren't sitting idle. Here's what they're doing:
- Sending Notices: Tax officials are asking traders to prove they paid TDS-or explain why they didn't.
- Tracing Funds: They're matching crypto purchases with past tax filings to spot discrepancies.
- Pulling Exchange Data: There are hints that the government may be accessing trading records from offshore platforms.
- AI-Powered Scrutiny: Under the Computer-Assisted Scrutiny Selection (CASS) system, special rules are being set up to flag suspicious crypto transactions.
What's at Stake for Traders?
Trying to dodge crypto taxes isn't just risky-it could lead to serious trouble:
- Withdrawal Freezes: Over the past year, exchanges (both Indian and global) have made it harder to withdraw large sums due to anti-money laundering rules.
- Legal Trouble: Moving money to foreign wallets could violate FEMA (Foreign Exchange Management Act) and attract penalties.
- Confusing Tax Rules: Many traders don't realize that P2P trades and crypto swaps also require TDS. Plus, crypto profits are taxed at 30%, and losses can't be offset against other income (like salary or stocks)-only against other crypto gains.
The Bottom Line
While crypto offers some anonymity, regulators are catching up. The government is walking a tightrope-trying to enforce tax compliance without stifling innovation in a fast-moving market.
For traders who thought shifting assets offshore would keep them safe, the message is clear: The taxman is watching, and the noose is tightening.
CAclubindia
