At a time when trading volumes have dropped considerably, experts say the new tax amendments on virtual digital assets will further confine the growth of the industry and lead to more investors switching to foreign exchanges to avoid the taxes
A 30 percent tax plus applicable surcharge and four percent cess was announced to be levied on profits made from crypto trading last year.
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Last year during the Budget speech, Finance Minister Nirmala Sitharaman introduced crypto taxation for the first time by bringing private cryptocurrencies under virtual digital assets (VDAs). This year, however, there was no mention about crypto during the Budget speech on February 1. But some new developments were later discovered in the fine print, which indicated a change in tax deducted at source (TDS) rules that affects VDAs.
A 30 percent tax plus applicable surcharge and four percent cess was announced to be levied on profits made from crypto trading last year. Also, losses made on any particular cryptocurrencies cannot be offset against profits made on other cryptocurrencies, and one percent TDS under section 194S of the Income Tax Act was levied on crypto transactions above Rs10,000.
This year, the Finance Bill mentioned an amendment in the Income Tax Act under section 271C, which will also penalise non-payment of TDS on virtual digital assets. This would include a penalty amount equal to the unpaid TDS, which will be imposed by a joint commissioner, or a jail term for up to six months. In case of a delay in payment, this could amount to an interest rate of 15 percent per annum for late payment.
TDS is a direct tax collection mechanism in India. The Indian Income Tax Act, 1961 requires that a particular proportion of tax be deducted by the payer when making certain payments to the receiver. Tax is required to be deducted from payments such as commission, interest, salary, royalties, contract payment, brokerage, and so on. The tax deducted must be remitted with the tax authority on behalf of the receiver by the payer. In the event that a payer fails to deduct and remit the tax at source to the government, a penalty may be levied u/s 271C of the Income tax act, explains Rishabh Parakh, chartered accountant and founder of NRP Capitals.
For instance, if the investor fails to deduct Rs1 lakh as TDS from a certain transaction, or even after deducting, failed to pay to the government, there would be a penalty equal to an amount up to Rs 1 lakh, or the same amount that was not deducted or paid to the government. A jail sentence may also be imposed in specific circumstances, in addition to the interest that will be charged for the late payment.