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Indian government to clarify crypto TDS regulation in two months

Dennis Mugambi

TL; DR Breakdown

  • Indian government wants to clarify its TDS regulation for crypto traders in two months.
  • TDS mechanism is employed to deter tax invasion and track transactions

According to two individuals familiar with the situation, the Indian government will provide clarity on tax deducted at source (TDS) in approximately two months.

India to clarity its crypto tax rules

The tax effect of 1% deducted at source will happen on July 1, which is the most contentious aspect of India’s recently enacted cryptocurrency tax legislation.

Another provision that requires a 30% capital gains tax on all transactions went into effect on April 1.

TDS is a liability imposed on the exchanges that handle tax for sellers on their platform. It will be set at 1% of the transaction value. The seller may set off this 1% TDS from their entire tax obligation of 30 percent.

TDS mechanism role in tracking transactions

The TDS (Tax Driven System) mechanism is employed to deter tax evasion and track transactions, with the TDS being the most significant threat to new crypto regulation, according to crypto firms. Some see this as a legal challenge against the law.

The government’s clarification won’t likely have an influence on the discussions to seek legal action against the new crypto tax regulations since the concern is more about the 1% threshold than how it is implemented.

“Procedural uncertainties” are defined as how TDS will be calculated and how exchanges share data with the authorities.

The cryptocurrency market seeks clarity on two key issues: trading and the swap of virtual digital assets (VDAs). The Indian government’s VDA term refers to all cryptocurrencies and NFTs.

It’s unknown what will happen in the crypto to crypto trade, according to Anirudh Rastogi, the firm’s founder and managing partner, since there is no legislation regulating such transactions. There was previously litigation between India’s central bank and cryptocurrency exchanges over whether tax should be deducted at source or credited against future taxable earnings. 

Rastogi added that the buyer and seller might never meet or discover each other’s nationalities or notice the value of all of the consideration received from VDAs transfers.

The second major issue is the VDA to VDA swap. The exchange of one crypto asset for another, for example, Ethereum for a Cardano, again raises many questions regarding who the buyer would be and whether the tax would be subtracted in VDAs or fiat money.

Rajat Mittal, a senior tax counsel for crypto firms in India, raised similar doubts while also inquiring whether individual traders will require Tax Deduction Account Numbers and how a one percent TDS would work in the case of leverage trading.

➜ Source


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