India's Controversial Crypto Tax Should Be Cut After Failing to Achieve Aims, Think Tank Urges (2024)

Policy

The government lost $420 million in potential revenue and failed to improve transparency because the tax regime prompted as many as 5 million crypto users to shift transactions offshore, a new study found.

By Amitoj Singh

India's Controversial Crypto Tax Should Be Cut After Failing to Achieve Aims, Think Tank Urges (1)Nov 9, 2023 at 11:28 a.m. UTC

Updated Nov 9, 2023 at 1:55 p.m. UTC

India's Controversial Crypto Tax Should Be Cut After Failing to Achieve Aims, Think Tank Urges (3)

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  • India's controversial 1% tax deducted at source (TDS) crypto tax policy needs to be lowered to 0.01%, a technology think tank has proposed based on a new study.

  • India introduced a 30% tax on crypto profits and the 1% TDS on all transactions in July, 2022, resulting in traffic taking a nosedive and exchanges going into survival mode.

India's most controversial crypto policy, a 1% transaction tax deducted at source, needs to be lowered to 0.01% to help the government achieve its aims of boosting revenue and improving transparency, a New Delhi-based technology policy think tank said in a new study.

The tax, a form of income tax known as TDS, has prompted as many as 5 million crypto traders to move their transactions offshore, and has cost the government a potential $420 million in revenue since it was introduced in July, 2022, according to the study by the Esya Centre.

The findings in the "Impact Assessment of Tax Deducted at Source on the Indian Virtual Digital Asset Market" go one step further than the group's previous report, which revealed Indians moved more than $3.8 billion in trading volume from local to international crypto exchanges after the controversial crypto rules were announced. They show that, at least in part, the tax failed to achieve one of its stated aims: taxing people who are earning profits.

"While the VDA market in India is burgeoning, the benefits of the same are being reaped by offshore exchanges," said Vikash Gautam, the report's author, referring to virtual digital assets. "Data shows that two likely policy objectives of the tax – to curb speculation and create transparency around transactions – have not been achieved."

Prime Minister Narendra Modi’s government announced a 30% tax on crypto profits and the 1% TDS on all transactions in February, 2022. At the time, Finance Minister Nirmala Sitharaman said the intention behind the TDS, the more controversial of the levies, was to increase traceability in India’s crypto ecosystem. Domestic and international participants warned it could kill the industry, and Indian crypto traffic nosedived in the months following its implementation, forcing almost all major exchanges into survival mode.

Representatives of the domestic industry have pleaded with the authorities on numerous occasions to lower the taxes. In addition to tracing transactions, the intention behind TDS was to discourage "speculative activity," according to the study, which analyzed transaction volumes from 13,000 peer-to-peer (P2P) traders and surveyed crypto exchange executives.

The Finance Ministry had not responded to a CoinDesk request for comment on the study by publication time.

The study also urged the government to clarify the applicability of TDS to offshore platforms.

"It just isn't enforceable, as per stakeholders," Gautam said in an interview. "It is possible to be done with international cooperation, but we do understand it is a long process. Some of the other countries have some arrangements with international exchanges to track that."

Read More: Indians Moved Over $3.8B to Foreign Exchanges Since Crypto Tax Rules

Edited by Sheldon Reback.

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Amitoj Singh

Amitoj Singh is a CoinDesk reporter.

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India's Controversial Crypto Tax Should Be Cut After Failing to Achieve Aims, Think Tank Urges (2024)

FAQs

India's Controversial Crypto Tax Should Be Cut After Failing to Achieve Aims, Think Tank Urges? ›

India's most controversial crypto policy, a 1% transaction tax deducted at source, needs to be lowered to 0.01% to help the government achieve its aims of boosting revenue and improving transparency, a New Delhi-based technology policy think tank said in a new study.

Will India reduce tax on crypto? ›

Budget 2023 Crypto Tax Update

The Union Budget rules of 2022 have been one of India's first laws to recognize crypto assets, hence putting down taxation on crypto in India. However, following that, crypto assets have been categorized as “virtual digital assets” and not “currencies” backed by the central bank.

How can crypto taxes be reduced? ›

To avoid paying tax on crypto, individuals can employ various strategies such as tax-loss harvesting, relocating to tax-friendly regions, holding crypto assets long term, or donating to charity.

What are the tax benefits of crypto loss? ›

Yes, you can write off crypto losses on taxes even if you have no gains. If your total capital losses exceed your total capital gains, US taxpayers can deduct the difference as a loss on your tax return, up to $3,000 per year ($1,500 if married filing separately).

What are the tax consequences of cryptocurrency? ›

The IRS treats cryptocurrencies as property for tax purposes, which means: You pay taxes on cryptocurrency if you sell or use your crypto in a transaction, and it is worth more than it was when you purchased it. This is because you trigger capital gains or losses if its market value has changed.

What are the tax benefits of crypto in India? ›

Which crypto transactions are subject to tax?
TransactionTax
Spending crypto30% tax on any gain
Holding cryptoTax free
Moving crypto between your own walletsTax free
Airdrops of cryptoIncome Tax at your individual tax rate, 30% tax if you later sell
8 more rows

Who should pay crypto tax in India? ›

The crypto tax applies to all investors, whether private or commercial, who transfer digital assets during the year. The tax rate is the same for short-term and long-term gains, and it applies to all types of income earned by the investor.

How to cash out crypto without tax? ›

There is no way to legally avoid taxes when cashing out cryptocurrency. However, strategies like tax-loss harvesting can help you reduce your tax bill legally.

How is 30% tax on cryptocurrency in India? ›

Any income earned from cryptocurrency transfer would be taxable at a 30% rate. Further, no deductions are allowed from the sale price of the cryptocurrency, except the cost of acquisition. Also, you cannot adjust the loss incurred from the transfer of cryptocurrency against income from any other heads.

Can you claim crypto theft on taxes? ›

The short answer is yes, you should report it. Here's why: The IRS considers cryptocurrency to be property, meaning it is subject to capital gains taxes. If you lose cryptocurrency to theft or scams, it is still considered a disposal of property.

Do I report crypto if I didn't sell? ›

Do you need to report taxes on Bitcoin you don't sell? If you buy Bitcoin, there's nothing to report until you sell. If you earned crypto through staking, a hard fork, an airdrop or via any method other than buying it, you'll likely need to report it, even if you haven't sold it.

Do you owe money if your crypto goes negative? ›

But what does it mean for crypto to go negative? Simply put, when you lose all the money you invest in a cryptocurrency and then lose even more, such that you are in debt, that is going negative.

Can you sell and rebuy crypto? ›

Yes, you can sell crypto for a loss and buy back any time. The wash sale rule applies when traders do this rapidly in order to secure losses for tax purposes.

Which US state is crypto-friendly? ›

Texas. Texas is considered one of the most crypto-friendly states in the country. In 2021, the Texas Department of Bank allowed state-chartered banks to offer cryptocurrency custody services. In addition to cheap electricity for miners, Texas has enacted friendly policies for miners.

Is crypto taxed by IRS? ›

You may have to report transactions with digital assets such as cryptocurrency and non-fungible tokens (NFTs) on your tax return. Income from digital assets is taxable.

Is crypto traceable? ›

Yes, Bitcoin is traceable. Here's what you need to know: Blockchain transactions are recorded on a public, distributed ledger.

What is the future tax for crypto in India? ›

The government has proposed income tax rules for cryptocurrency transfer in Budget 2022. Any income earned from cryptocurrency transfer would be taxable at a 30% rate.

How to pay 30% tax on cryptocurrency in India? ›

Unlike other asset classes, there is no tax benefit for holding your cryptocurrency for the long term. You'll pay the 30% tax on cryptocurrency income regardless of your holding period. In addition, you'll pay a TDS tax of 1% when you buy or sell cryptocurrency above a certain threshold (yet to be defined).

How to save crypto tax 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.

Will India reduce taxes? ›

Income Tax Live: "The Government has reduced and rationalized tax rates. Under the new tax scheme, there is now no tax liability for tax payers with income up to Rs 7 lakh, up from Rs 2.2 lakh in the financial year 2013-14.

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