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Indian Crypto HOLDers Are Struggling With New Regulations

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Whether you’re already a Cryptocurrency HODLer or just thinking about it, the Indian authorities desire you to rethink investing in the space. Due to rumors of bans and limitations, Cryptocurrency aficionados in the nation have had a hard time getting enthused about the industry during the last several years. Nirmala Sitharaman, the country’s finance minister, provided them reason to be optimistic in February when she introduced a tax program and officially acknowledged the business. Even if it won’t make Cryptocurrencies more respectable, it did ensure that trading wouldn’t be outlawed all at once.

Harsh reactions from the business began emerging in recent weeks as the tax plan became legislation and more details about its inner workings became clear. The new Crypto tax regulation has been criticized by some political and business figures who claim it would deter capital from flowing into the industry. Here we’ll examine its operation as well as speculate on its potential effects on the development of Cryptocurrencies in India.

How Does India’s Cryptocurrency Tax Work?

India has introduced a double-tiered tax on digital assets. The first layer is the capital gains tax, which is currently set at 30% and applies to any profits made from trading digital assets. Several nations, including the United States as well as the United Kingdom, have one tax system for Cryptos that is comparable to this one. Therefore, even inside Cryptocurrencies, you are unable to recoup your losses. Thus, if you have lost Rs.1,000 or $13.13 trading Bitcoin but have made Rs.1,000 or $13.13 trading Ethereum, you would be subject to a 30% tax on the profit.

Beginning on April 1, this legislation goes into force. In addition, all transactions involving digital assets are subject to something called Tax Deduction at Source (TDS). Let’s imagine you want to purchase some NFTs from the OpenSea marketplace and so you buy some Ethereum (ETH) from a Cryptocurrency exchange and then transfer the ETH to your MetaMask wallet. Unless the total of a transaction is more than Rs 10,000 or $131, then 1% TDS must be withheld at each stage. All financial transactions are subject to a 1% TDS. If your annual gross sales are above 50,000 or $656, the tax will be applied to every sale you make.

The Industry Reaction

Though the sector at large welcomed the new tax regulations at first glance, many are now waiting for clarity on the legislation surrounding TDS. Parliament member Ritesh Pandey warned in March, 2022 that strict TDS laws “would give rise to red tapeism” and have a detrimental effect on the Bitcoin investment market. According to Sathvik Vishwanath of Unocoin, a Crypto exchange, those regulations are antithetical to standard market behavior. Others in the business world have voiced their worry about the potential for this regulation to stifle industrial expansion as well. However the Indian government’s tax policies aren’t the only thing holding back Bitcoin adoption and investment in the country.

Payment Regulators Creating Problems

Coinbase, a major Cryptocurrency exchange, began serving the Indian market in March. It allowed users to make mobile payments using the country’s then-current Unified Payment Interface (UPI) system. A few days later, UPI’s regulating authority in India, the National Payments Corporation of India, released a statement indicating it was unaware of any Crypto exchanges accepting UPI transactions. Shortly after the announcement, Coinbase and the Indian exchange CoinSwitch Kubera also ceased allowing UPI payments, among other deposit methods. In addition, another market leader, WazirX, has decided to no longer provide UPI-based payments as of December. This involves using an Instant Payment Service or participating in P2P exchanges, where you may acquire stablecoins like USDT from other investors and swap them for other tokens.

The 2nd option requires more work on your part, such as adding a new payee’s account number to your bank’s payee list, before the funds may be deposited. It’s more complicated to utilize than UPI, there are more procedures involved, and it might discourage consumers from making a speedy deposit. Another wallet, Mobikwik, which had previously enabled payments on various Indian Cryptocurrency exchanges, cut off service as of April 1. This made it more difficult for users to deposit funds. The Reserve Bank of India has long opposed the use of Cryptocurrencies for financial transactions. In 2018, it notoriously issued a regulation prohibiting banks from participating in Bitcoin exchange trading; but, in 2020, the highest court overturned the judgment. The Reserve Bank of India (RBI) still supported Cryptocurrency prohibition when the new taxation structure was introduced in parliament.

Drop in Trading Volume

Trade volumes on prominent Indian exchanges have dropped since April 1, the day a new taxation legislation for Cryptocurrencies went into effect. Crabaco reports that in the initial 10 days of the month, trading volume on the Indian exchanges WazirX, CoinDCX, and Bitbns fell by 72%, 52%, as well as 41%, accordingly. While these numbers are just for a limited time, the trend is clear: things are going downhill quickly. Nischal Shetty, CEO and co-owner of WazirX, has stated that amid recent tax legislation, Bitcoin exchanges still have no access to banking services. Chief Executive Officer of Crabco, Siddhartha Sogani, attributed the reduction in investment to the stigma associated with Cryptocurrencies as well as the high tax rates required to transact in them.

The Bottomline

Shareholders in Cryptocurrencies in India face a rocky road ahead due to the lack of clarity surrounding applicable tax regulations. They will need to keep tabs on their investments as well as notify them to the IRS once the fiscal year ends. It would be difficult to keep track of all operations as well as accurately implement the 1% TDS throughout Decentralized Finance due to its dispersed structure. It’s unclear if international businesses would follow the Indian practice of deducting 1% from all deals involving digital assets.Disclaimer: The author’s thoughts and comments are solely for educational reasons and informative purposes only. They do not represent financial, investment, or other advice.

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