Bitcoin inching back towards $30,000? A quick look at the Indian government’s policy on crypto

A quick look at the Indian government's policy on crypto

A quick look at the Indian government’s policy on crypto

New Delhi: Cryptocurrencies as a legal tender is not regulated in India by any law. Thus there is no legal framework to settle disputes arising out of cryptocurrency transactions. Trading in cryptocurrencies in India is thus done at the investor’s risk. In March this year, the Indian government also imposed anti-money laundering provisions – the prevention of money laundering act (PMLA) – on cryptocurrencies and other virtual assets. Finance Minister Nirmala Sitharaman has, on numerous occasions, called for an increased cooperation in dealing with cryptocurrencies.

Cryptocurrencies in India: The legal framework

Cryptocurrency and Regulation of Official Digital Currency Bill, 2021 seeks to regulate the digital assets in the country. The crypto bill was introduced in the Lok Sabha in 2021. In 2018, the Reserve Bank of India (RBI) proposed a ban on cryptocurrencies. The Supreme Court, however, quashed the ban on cryptocurrencies.

What is the current tax on cryptocurrency in India?

In Union Budget 2022, Union Finance Minister Nirmala Sitharaman presented a tax regime for virtual and digital assets which also include cryptocurrencies. Thus, those investing in cryptocurrencies are required to report their profits and losses as a part of their income. There is a 30 per cent tax on the transfer of virtual digital assets. Further, there is a 1% Tax Deducted at Source (TDS) on a buyer’s payment beyond a prescribed limit. In addition, cryptocurrencies as a gift is subjected to tax.

A section of investors has backed the taxation of cryptocurrencies, saying that such a move will make cryptocurrency legal in India.

What is Cryptocurrency Bill 2021?

Cryptocurrency Bill 2021 aims to regulate the thriving cryptocurrency market in India. The bill is also being viewed as the necessary legal framework before the creation and launch of the official digital currency by the Reserve Bank of India.

Speaking in Lok Sabha during the Winter Session of the Parliament, Minister of State for Finance Pankaj Chaudhary said that Crypto assets are by definition borderless and require international collaboration to prevent regulatory arbitrage. “Therefore, any legislation on the subject can be effective only with significant international collaboration on the evaluation of the risks and benefits and evolution of common taxonomy and standards,” Chaudhary had said.

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