Losses in one crypto asset cannot be offset against gains in another: Govt

Crypto losses cannot be offset against gains in another token Govt

Crypto losses cannot be offset against gains in another token: Govt

The government on Monday clarified that as per the provisions of the Budget 2022, cryptocurrency investors will not be allowed to set off losses incurred in digital token against gains in another. This essentially means that losses booked in Bitcoin, for example, cannot be set off against profits in Ethereum. Also, crypto mining infrastructure will not be eligible to be deducted at the cost of acquisition.

“Looks to be something new that has turned up Loss incurred in one digital asset cannot be offset against income in another. The government is expecting people to treat each digital asset profit/loss separate,” said Nischal Shetty, CEO of WazirX, a crypto trading platform.

Finance Minister Nirmala Sitharaman proposed a 30% capitals gains on any income arising out of virtual digital assets (VDA) or crypto assets, , including non-fungible tokens (NFTs), assets in the metaverse, digital currencies and tokens, among others from April 1, 2022. Other than capital gains tax, 1% tax deducted at source (TDS) will be levied

“As per the provisions of the proposed section 115BBH to the Income-tax Act, 1961, loss from the transfer of virtual digital asset (VDA) will not be allowed to be set off against the income arising from transfer of another VDA,” MoS Finance Pankaj Chaudhary said in a written reply to a question in Lok Sabha.

India is not a major hub for crypto mining and the provision per se will not majorly impact crypto trading industry in India, said experts. However, the clause pertaining to crypto losses offset was dubbed “unfortunate” by Shetty.

Rohinton Sidhwa, Partner said, ”It’s a continued effort to isolate and disincentivize crypto currency related activities in India. The mining expense disallowance is unlikely to impact the majority of traders, however the prevention of offset between different cryptos will probably negatively impact many traders.”

The crypto industry is concerned that government’s “unfavourable” taxation will lead to migration of investments to other assets such as gold and stocks.

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