From opposing to regulation: Is there a mood swing for crypto in India? (2024)

Cryptocurrencies, simply called cryptos, have rapidly gained traction among the millennials and Gen-Z as an asset class. They have attracted investors at a higher pace in comparison to traditional investment options like stocks, gold, bank deposits, and real estate. The new age investors see this alternative asset class in the form of digital tokens as riskier but better rewarding. However, the prolonged crypto winter beginning at the late end of 2021 spooked the markets, while some ground has been gained lately.

Alike the rest of the world, cryptocurrencies emerged as a fad in India in 2009 with the introduction of Bitcoin. The first commercial transaction took place in 2010, followed by the first cryptocurrency trading platform in 2013. Over the past few years, it has garnered a significant following and interest in India. According to industry estimates, around 20 million cryptocurrency investors are expected to exist in the country.

Last week, Bitcoin jumped more than 140% this year to outstrip other investments like stocks, and gold, and optimism for further gains is high. Its stellar performance came after a turbulent period for the token that has rebounded on expectations the Federal Reserve will cut interest rates and hopes of greater demand from exchange-traded funds.

Speaking to LiveMint, Winston Hsiao, an active crypto trader who founded Taiwan’s first Bitcoin exchange BTCEx-TW in 2013 said the evolving landscape shifted between banning crypto, to imposing tax deducted at source and on capital gains.

He emphasized investor protection and preventing illicit activities by requiring Virtual Digital Assets (VDA) providers to register with the Financial Intelligence Unit (FIU) and comply with the Prevention of Money Laundering Act (PMLA).

"Awareness about cryptocurrency has been increased in India through educational efforts by many operators like XREX’s partner in India, A2ZCrypto, who placed a huge focus on promoting the correct understanding and mindset toward blockchain technology," the cofounder and CRO to XREX Inc. told us.

It is pertinent to note that there is no central body that regulates the use of cryptocurrencies as a form of payment in India. Also, there are no established guidelines or rules governing the resolution of disagreements when using cryptocurrencies. Hence, cryptocurrency trading is done at the investor's own risk.

The discussion around the legality of cryptocurrencies in India has intensified since Finance Minister Nirmala Sitharaman suggested taxing digital assets. According to the Union Budget 2022, the Indian government announced a 30% tax on cryptocurrency gains and a 1% tax withheld at source.

"The Indian government has expressed its concerns about the potential for money laundering and illicit activities, lack of central control and regulatory challenges, volatility and investor protection issues," Hsiao said.

He believes that these issues can be solved by having responsible operators who actively take the step towards building solutions such as escrow services to provide users an ease of mind when transacting, or operators who put in additional effort to be regulated by regulators abroad.

The XREX cofounder asserted that the growing acceptance of cryptocurrencies may impact traditional banking systems in India as crypto gains acceptance in terms of improved efficiency throughout the finance sector, and there is a possibility of integrating cryptocurrencies into mainstream banking.

Hsiao further mentioned the risks associated with the widespread adoption of cryptocurrency in India. "Regulatory uncertainties are the biggest risk as it is confusing to the commonfolk, leading to market instability and information asymmetry. Also, the potential for fraud and scams in the absence of clear regulations is another risk," the crypto expert said.

However, he exuded confidence that the continued innovation and growth in the Indian blockchain ecosystem, especially quality startups, and protocols can take on the global stage. "Integration of cryptocurrencies into mainstream financial systems, with room for both traditional and blockchain finance to play important roles in the ecosystem," he added.

Disclaimer: The views and recommendations made above are those of individual analysts or broking companies, and not of Mint. We advise investors to check with certified experts before making any investment decisions.

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Published: 08 Dec 2023, 02:19 PM IST

From opposing to regulation: Is there a mood swing for crypto in India? (2024)

FAQs

What is the situation of cryptocurrency in India? ›

Is Cryptocurrency In India Legal or Not? Cryptocurrencies as a payment medium in India are not regulated by any central authority. There are no rules and regulations or any guidelines laid down for settling disputes while dealing with cryptocurrency. So, trading in cryptocurrency is done at investors' risk.

Is regulation good or bad for crypto? ›

First-of-its-kind research on cryptocurrency finds that the most regulated coins create the most efficient markets. That crypto regulation, often provided by cryptocurrency exchanges like Binance, can also help protect investors by providing reliable, public information.

What are the Indian regulations on cryptocurrency? ›

India has not enacted any special legislation for the regulation of virtual currencies (“VCs”). However, it has contemporised various statutes like the Companies Act, 2013, necessitating the reporting of virtual digital assets (“VDAs”) in an effort to reflect the emerging dynamics of the financial landscape.

What are the implications of India's tax rules for crypto? ›

The gains from trading cryptocurrencies are subject to tax at 30% (plus 4% cess) as per section 115BBH. Any transfer of crypto assets on or after 1 July 2022 for an amount of Rs. 50000 or Rs. 10,000 in some cases is subject to a Tax deducted at source (TDS) at 1% under section 194S.

Is crypto safe in India? ›

First off, owning and trading Bitcoin (and other cryptocurrencies) is legal in India. The Reserve Bank of India (RBI) classifies cryptocurrencies as "virtual digital assets" (VDAs). This indicates recognition for tax purposes, but they are not considered legal tender.

Is it safe to invest in crypto now in India? ›

Investors must keep in mind that previous returns do not guarantee future returns, but in 2021, the value of Bitcoin soared well over 60%, demonstrating the possibility of serious returns. Meanwhile, in 2022 it plummeted by more than 70%. Since then, the value of Bitcoin has increased almost 49.2% to 2024.

What will happen to crypto after regulation? ›

Legal framework: Falling under the SEC's regulations could legitimize cryptocurrency enterprises and attract more traditional investors and institutions, potentially leading to broader adoption.

Can the government control crypto? ›

Ways the Government Can 'Crack Down' on Cryptos

Right now, cryptocurrencies fall under the jurisdiction of the SEC for investment, the CTFC for any crimes involving interstate commerce, and the IRS, making it subject to either income or a capital gains tax.

What would happen if crypto was regulated? ›

“Stricter regulation of cryptocurrencies would certainly protect investors, who are the ones who lose out when exchanges like FTX collapse. Regulation would likely place limits on how crypto can be used and may also stifle innovation within the sector,” Ranga says.

Why is crypto illegal in India? ›

This is because of the fact that Cryptocurrency is a self-regulated market. Illegal trading of Cryptocurrency in India: Even though the use of virtual currencies and to be specific, Cryptocurrency is not been authorized by any Central bank, people are still dealing with Cryptocurrency in India.

Why is cryptocurrency regulated in India? ›

✅Financial Stability

Financial stability is another key concern. Unregulated crypto markets can pose systemic risks, potentially impacting the broader financial system. Regulations help mitigate these risks by enforcing capital-adequacy requirements and investor protection measures.

What is the future of cryptocurrency in India? ›

The future of cryptocurrency in India is heavily influenced by government regulations and the stance of regulatory bodies like the Reserve Bank of India. The government has introduced measures such as a 30% tax on crypto asset profits and the potential introduction of a digital rupee .

What will happen if I don't pay crypto tax in India? ›

Currently, it is not possible to reduce your crypto tax bill in India as you may not offset crypto losses against gains from crypto. Evading crypto taxes is an offense and those found guilty of tax evasion may pay interest, late fees, and penalties, as well as face imprisonment depending on the severity of the offense.

How to avoid tax on crypto in India? ›

Strategies include like-kind exchange, self-directed IRAs, using cryptocurrency tax software, keeping good records, using Bitcoin ETFs, consulting tax professionals, staying updated on tax laws, and borrowing against crypto assets. Tax-saving scope in India is limited due to flat 30% tax on gains.

Is crypto tax free in India? ›

How Is Cryptocurrency Taxed In India? In India, cryptocurrencies are classified as virtual digital assets and are subject to taxation. Gains made from trading cryptocurrencies are taxed at a rate of 30% (plus 4% cess) according to Section 115BBH.

Does crypto have a future in India? ›

Synopsis. A report from Statista shows that the Indian cryptocurrency market is likely to touch $222.70 million by 2023 making it crystal clear that cryptocurrency is here to stay.

Is crypto getting banned in India? ›

Cryptocurrency exchanges like Binance, Kraken, Kucoin and others were banned in India by the FIU. The Director FIU IND wrote to the Secretary of Meity to block these exchanges as they were illegally operating without following the provisions of the PML Act in India.

Why did crypto crash in India? ›

High taxes and a tricky regulatory environment have resulted in a near implosion of India's crypto industry. Crypto trading volumes on Indian exchanges shrank sharply after the government levied high taxes on virtual digital assets.

Is crypto growing in India? ›

Revenue in the Cryptocurrencies market is projected to reach US$343.5m in 2024. Revenue is expected to show an annual growth rate (CAGR 2024-2028) of 7.99% resulting in a projected total amount of US$467.2m by 2028.

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