How to Avoid
Flat 30% Tax on Income from Cryptocurrency?
The new crypto tax rule would apply from Assessment Year
2023-2024. That means that in the fiscal year 2022-23, your crypto income would
be taxed at a rate of 30% plus cess and surcharges. Following the introduction
of the planned 30% tax rule on income from cryptocurrencies and other virtual
digital assets (VDAs) in Budget 2022, this may be the most pressing concern on
the minds of crypto investors and traders.
How can you avoid paying a 30 percent flat tax?
The 30% tax rule will not apply to income earned in the
current fiscal year until March 31st, 2022. In Assessment Year 2022–2023, if
you sell your crypto holdings before March 31 and make a profit, this income
will be taxed according to existing laws.
Crypto investors, according to Revenue Secretary Tarun Bajaj,
can report their earnings under a specific heading in their ITR, and the
Assessing Officer will handle the assessment for them for transactions
completed before April 1.
“For transactions before April 1 you will show in some head
in your ITR and the Assessing Officer will do an assessment for you,” Bajaj was
recently quoted as saying by news agency PTI. “The Assessing Officer will take
a call on what head crypto gains should be charged,” Bajaj further said.
“Income tax return forms from next year will have a separate
column for making disclosures on gains made from cryptocurrencies and paying
taxes,” Revenue Secretary Tarun Bajaj said on Wednesday. The government from
April 1 will charge a 30 per cent tax plus cess and surcharges, on such
transactions in the same manner as it treats winnings from horse races or other
speculative transactions. In an interview with PTI, Bajaj said gains from
cryptocurrencies were always taxable and what the Budget proposed is not a new
tax but providing certainty over the issue.
“The provision in the Finance Bill is related to taxation of
virtual digital assets. It is to bring certainty in taxation of
cryptocurrencies. It does not convey anything on its legality which would come
out once the Bill (on regulating such assets) is introduced in Parliament,” he
said.
The government is drafting legislation to regulate
cryptocurrencies, but no draft has been made available to the public.
Meanwhile, in the coming fiscal year, central bank-backed digital money will
begin to circulate, ushering in more affordable and efficient currency
management. On income from cryptocurrency, the 30% plus relevant cesses and a
15% surcharge on income over Rs 50 lakh will have to be paid, he said, adding
that the income tax return form from next year will have a distinct column to
record gains from crypto.
“Next year ITR form will show a separate column for crypto.
Yes, you will have to disclose,” he said.
While the amount of tax due on crypto income before March 31
will vary depending on the circumstances, it is certain that investors will not
have to pay a flat 30% tax. This might be especially useful for small crypto
investors who wish to book a profit while avoiding the standard 30% tax
The 1% TDS rule for cryptocurrency transfers will take effect
on July 1, 2022. The tax authorities will be able to follow crypto transactions
more easily as a result of this. Budget 2022 proposed introducing section
115BBH, which would tax any income derived from the transfer of any virtual
digital asset at a rate of 30%, with no deductions permitted for any expenses.
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