Home Blog The Government May Consider Levying Tds Tcs on Cryptocurrency Trading
Blog - April 19, 2023

The Government May Consider Levying Tds Tcs on Cryptocurrency Trading

rajkotupdates.news : government may consider levying tds tcs on cryptocurrency trading

According to rajkotupdates.news : government may consider levying tds tcs on cryptocurrency trading, the government may consider imposing transaction and capital gains taxes (TCGs) on cryptocurrency trading in order to promote transparency and prevent potential abuse in the digital currency market. Such action would increase accountability while helping avoid potential violations in its ecosystem.

Arvind Srivatsan of Nangia Anderson LLP suggests that sales and purchases of cryptocurrency should be subject to reporting in the Statement of Financial Transactions (SFT). This would enable tax authorities to monitor high value transactions.

Legal and constitutional issues

Cryptocurrencies are digital or virtual tokens secured with cryptography that serve as an alternate currency form. Their popularity worldwide has made them an attractive option to consider as a currency alternative.

Recently, reports have stated that the government may consider taxing cryptocurrency trading transactions to generate additional revenues and regulate the market, though this would present legal and constitutional challenges.

India currently lacks laws prohibiting cryptocurrency trading, yet there remains concern over their potential misuse as an illusionary security mechanism, only for them to be stolen or falsified later.

Due to this concern, the government is considering introducing legislation that will regulate these currencies going forward. This bill is anticipated for introduction during the Budget session of Parliament starting January 31.

The legislation would likely focus on combatting fraud and money laundering activities, and require companies to register as money transmitters and disclose information regarding transactions with customers.

If passed, this bill would usher in an entirely new financial regime for the country, likely increasing costs to both companies and consumers, and discouraging investors from trading cryptocurrency assets.

Government could regulate cryptocurrency like any other financial instrument through rules governing transaction reporting and categorization as capital assets or goods & services.

Tax laws vary widely when it comes to taxation. For example, any transaction which results in interest, salaries, commissions, brokerage fees, professional fees or purchase of goods/rent must deduct and submit taxes back to the government.

rajkotupdates.news : government may consider levying tds tcs on cryptocurrency trading, under the Income-tax Act, failure to deposit tax withholding (TDS) into government coffers can incur penalties of 1.5% of its amount owed per month that TDS remains outstanding.

Impact on the Indian market

India’s restrictive tax policies on cryptocurrency trading have left their mark on the Indian market, prompting investors to flee cryptocurrency exchanges due to unfavorable tax treatment and plunging prices, leading to drops in daily trade volume and decreasing daily trade volumes.

Traders have increasingly turned to foreign exchanges in order to conceal their activity from local authorities; however, many of these platforms do not adhere to local tax regulations.

Some investors are considering withdrawing their funds, while many others remain optimistic for improved regulations to emerge. Individuals with significant holdings in India’s crypto ecosystem might prefer waiting out the uncertainty and taking the risk of prolonged tax exposure before moving elsewhere with their investments.

The latest budget proposal announced that cryptocurrency transactions would be taxed at 30% on any gains, plus withholding tax at 1% above threshold levels. This means all gains from transfer of crypto assets or non-fungible tokens are now taxed in India – an action which has had a major detrimental impact on trading volumes and liquidity in India.

Experts caution that this move may dissuade investors from investing in cryptocurrency altogether, as the tax rate could make this asset less appealing and lead to a decline in cryptocurrency’s popularity. As a result, experts predict a rapid decrease in crypto industry activities over the coming months.

Government proposals could pose another threat to the industry with their plan to introduce an equalisation levy on offshore exchanges that facilitate cryptocurrency sales in India, beginning July 2022 and covering any exchange that has presence here.

Customers will feel an immediate impact from this levy as it raises crypto asset prices by roughly 2% for Indian residents. Furthermore, experts predict it will reduce profits while increasing capital costs.

India’s tax laws can be complicated, while there are further complications surrounding crypto assets and trading them. Traders should be wary of any offers to trade or issuers offering crypto assets as investments for sale on cryptocurrency platforms in India.

However, the Finance Minister has pledged that the government will adopt an accommodating stance towards crypto regulations. He noted that crypto is borderless and requires international collaboration to prevent regulatory arbitrage.

Implications for international markets

As the global cryptocurrency market expands, governments across the world are taking measures to regulate it and tax cryptocurrency-related assets to ensure individuals and businesses pay their due share of taxes as well as deter illegal activities.

India is currently considering the implementation of TDS/TCS on cryptocurrency trading to counter tax evasion and foster greater transparency within the industry, which could help regulate and generate revenue for their government. This move would serve both functions effectively.

However, there are a number of legal and constitutional considerations that must be addressed when dealing with cryptocurrency taxes. For instance, the government might not recognize cryptocurrencies as legal tender, making enforcing these taxes harder; additionally, cryptocurrency transactions tend to be anonymous and decentralized, making tracking transactions even harder for governments.

Indian government plans to introduce tax and customs duties (TDS and TCS) on crypto trading have caused much consternation among traders worldwide, potentially having serious ramifications on volumes traded, regulation practices, and compliance obligations for international markets.

Traders must also be mindful of how this tax could impede their profits. While it may seem beneficial to pay tax on income, this could actually have a detrimental effect on earnings due to TDS/TCS fees that will be added before profits can be taken out of the market.

As such, this may lead to an increase in cash requirements for traders. Although this may not be a major issue for individuals trading daily or trading large volumes of cryptocurrency, it could prove quite problematic for larger traders who deal in large volumes of cryptocurrencies.

Regulation can be complex when there are multiple currencies present on the market and government must ensure each currency is treated differently.

Due to their complicated nature, bringing cryptocurrencies under tax law can be a challenging process that takes considerable effort and time. Doing so may not only cost both investors and traders in terms of time and money but can also create uncertainty for all concerned. Therefore, having a comprehensive regulatory framework in place is vitally important.


according to reports, India may consider levying TDS/TCS taxes on cryptocurrency trading in order to bring more regulation and accountability into the industry as well as curb tax evasion and market manipulation. Unfortunately, such measures may have negative repercussions for traders/exchanges involved.

TDS and TCS taxes are deducted and collected from sellers of goods or services as a source of government revenue, helping finance various development projects. Tax collection methods used by the government may include mandating exchanges to deduct and remit an appropriate amount at transaction time, among others.

Although imposing TDS and TCS on cryptocurrency trading would be welcomed by the government, some legal and constitutional issues must first be taken into consideration before this can happen. Chief among them is whether cryptocurrencies are legally valid – this requires legal advice as well as advice from experienced financial professionals.

There are also concerns over how this would be implemented in the country, given the nature of cryptocurrency transactions as they tend to be anonymous and decentralized. This may cause further confusion, leading some traders to relocate to countries with more favorable regulatory environments.

Thirdly, sellers of cryptocurrency must comply with tax regulations to ensure timely tax payments. This could involve registering their business, getting a tax identification number (TIN), and filing tax returns regularly.

For compliance with TDS and TCS rules, traders & exchanges should maintain accurate records of their cryptocurrency trading transactions & income earned. They should file their tax returns promptly and pay any applicable taxes when due. The government will monitor this activity and assess any possible violations with penalties assessed accordingly.

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