India keeps crypto tax rules unchanged – What does that mean?

Indian Finance Minister Nirmala Sitharaman’s 2024 Union Budget speech today left the crypto community hanging. No mention of cryptocurrencies, meaning the current tax rules stay as they are.

Crypto fans have been yelling for a drop in the 1% tax deducted at source (TDS) to 0.01%, blaming it for the sluggish growth of the Indian crypto market.

India’s classification of cryptocurrencies

In India, cryptocurrencies fall under the term Virtual Digital Assets (VDAs). This broad category includes Bitcoin, Ethereum, and NFTs. 

The framework for VDAs was created under the Income Tax Act, particularly through Section 2(47A) and Section 115BBH. It was in 2022.

Profits from crypto transactions are hit with a flat 30% tax rate. This rule applies to all crypto-related transactions, whether they are classified as capital gains or business income.

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On top of this, a 4% health and education cess is also applied, increasing the overall tax burden slightly.

Unlike traditional assets, there’s no difference between short-term and long-term capital gains for crypto. Everything is taxed uniformly at 30%.

1% TDS on transfers

Section 194S of the Income Tax Act mandates a 1% TDS on transfers of VDAs if the transaction amount exceeds INR 50,000 in a financial year. For domestic transactions, exchanges automatically deduct this TDS. 

However, people trading on international platforms need to file TDS returns manually. The 30% tax rate kicked in on April 1, 2022, and the 1% TDS rule from July 1, 2022.

When it comes to filing Income Tax Returns (ITRs), individuals must report their crypto transactions under Schedule VDA. This section was added to simplify the reporting process and force compliance with tax laws.

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Selling crypto for fiat currency, like INR, means any profit is taxable at 30% plus the cess. Trading one cryptocurrency for another? Same deal. Profits from such trades are taxed at the same rate.

Income from mining or staking cryptocurrencies is treated as regular income and taxed according to the individual’s income tax slab rate. 

Tokens received through airdrops are considered income and are taxed at their fair market value at the time of receipt. Likewise, tokens acquired through ICOs are taxed as income from VDAs when received.

No offset for losses

One of the toughest aspects of India’s current tax regime is the inability to offset losses from crypto transactions against gains from other assets. 

If you incur a loss, it can’t be used to reduce your taxable income from other sources. 

The only allowable deduction when calculating taxable gains is the cost of acquiring the cryptocurrency. Expenses like trading fees aren’t deductible.

Not sticking to these tax rules can lead to heavy penalties, including fines and even imprisonment. Investors must keep detailed records of all their transactions, and use crypto tax software for calculations.

Crypto advocates were hoping for some relief in this year’s budget. The unchanged rules mean they will continue to face a high tax burden and strict reporting requirements.