People Pay Your Taxes - v2.0
Details on taxation of Bitcoin in India
This thread is a newer version of old thread which can be found
here. As Crypto Economy has grown exponentially in last few years, a thread was needed with much more detailed information about taxation than the last one so here it is.
I will start the thread with the rule of thumb:
"Since bitcoin has no legal/illegal status in India, you don't have to pay tax on keeping/holding bitcoin. You may have 0.001 or 100 BTC in your wallet but no tax to be levied as far as amount is kept in the form of Bitcoin. Bitcoin is currently considered at par with securities such as shares for taxation purpose.So when tax has to be paid?
Whenever you convert your crypto holding to Indian Rupee and you have made some profit/income, you have to pay tax. As simple as this. For more clarification, check image below:
Note: You have to file return irrespective of whether you made profits or not. Paying tax and file return are not the same thing.
Ok! So we have discussed when to pay tax, now is the time to discuss how and how much tax to pay. In order to discuss that we first have to ascertain various instances or possible scenarios where one make income or profits in bitcoin (or altcoins).
Case 1 (rarest case): I receive salary in Bitcoins
You may be receiving salary in Bitcoin either from local business or foreign business. If local business is paying you salary in Bitcoins, there can be two possibilities - business claims same as expense in its books or it doesn't show salary paid as expense. The treatment done by business will directly impact your treatment. In case business claims salary paid as expense, it has to pay ESI/PF (if applicable) and deduct TDS (if applicable). If business does so, you too have to file income as 'Income under the head Salary'. Calculate tax applicable as per basic slabs and minus TDS deducted by your employer. In ninety nine percent cases, you tax payable will come 0 and you just have to file nil return if you don't have any other income.
If your employer doesn't claim salary paid as expense or you receive salary from foreign employer, don't file the income under the head Salary. Rather treat the same as freelancing treatment. I will discuss this in detail in few seconds.
Case 2 (common case): I earn Bitcoins from Sig Campaigns, Bounties, misc. sources
Well, this case covers me and most of the members here. You may be receiving signature payments, campaign management payments, ambassador payments, social media payments and what not. Just remember one thing -
this is your freelancing income and you are professional. You have to show it as Technical Consultancy/Marketing business under 'Profit and gains from business and profession'. This way you can take advantage of Section 44ADA of Income Tax. Section states that you don't have to maintain any record or books. Just consider your total receipts and pay tax on minimum 50% of your receipts.
Example: I withdrew Rs. 10,00,000 during the financial year in my bank. Then I will show Rs. 10,00,000 as receipts from my consultancy business. As per Section 44ADA, I have to show my profits to be Rs. 5,00,000 or more (52-55% recommended), let say I show profit to be Rs. 5,20,000. Then I have to pay tax on Rs. 5,20,000 which will be around Rs. 14,000 or zero if I claim deductions of Rs. 20,000 or more (such as LIC premium paid, etc.).
Case 3 (most common case): I earn profits by buying/selling Bitcoins (or Altcoins)
So the largest portion of Indians associated with Bitcoins are those who invest in Bitcoins. You purchase Bitcoins from your bank, sell those, make profits and withdraw that to bank. Now investors can be of two types - Core Investors or Traders. Core Investors occasionally buy/sell Bitcoins, let's say I bought Bitcoins 8 times during last financial year and sold 4 times. Whereas traders are those who are continuously buying/selling Bitcoins, say 5-10 times in a day. If you are core investors - show your profits under the head
Capital Gains. It can be long-term or short-term depending upon your holding duration. In case your made loss (when you bought high and sold for less), you need not pay tax. However, you have to file return with nil tax.
If you are trader, better show your profits under the head
Profit and Gains from Business and Profession as calculating capital gains on such large number of transactions will be very tedious. So what you have to do, prepare your account books, treat all your buy transactions as purchases, treat all sell transactions as sales, you can also claim expenses like electricity, accounting charges, depreciation on laptops/mobiles, internet charges, etc. Ascertain your final profit and pay tax on the same as per basic slabs.
FAQs:
(I will list more FAQs as they are asked in this thread here)
Q1. I am already in employment or a government employee, am I allowed to show my signature earnings as profit from business?
Ans. Yes! Since you are showing your earnings as freelancing income, there is no restriction on that. Most of the MNCs and government allow employees to do sideway freelancing business or be a dormant (non-active) partner in partnership firm.
Q2. I bought Bitcoin from my bank balance, sold it for profit then bought Ethereum for Bitcoin and sold Eth at loss and withdrew money to bank. Do I have to pay tax?
Ans. You actually did two capital gain transactions here. First, selling Bitcoins. Second, selling Ethereum. Suppose you bought 1 BTC for Rs. 5,00,000 and sold it for Rs. 6,00,000. Then bought 30 ETH for Rs. 6,00,000 and sold those for Rs. 5,50,000. Now you made Capital gain on first transaction of Rs. 1,00,000 and Capital Loss of Rs. 50,000 on second transaction. So you have to pay tax on net capital gain i.e. 1,00,000 - 50,000 = Rs. 50,000.
Q3. I have received freelancing income in Bitcoin and then I bought altcoins with bitcoin. Later I sold altcoins for profit, how should I treat my income in return?
Ans. Theoretically, you have made two taxable events - one when you received income in bitcoin and second when you sold altcoins for profit. But due to anonymous nature of cryptocurrency, you can treat all transactions as single taxable event and pay tax on the final amount withdrawn to bank as per normal tax slab. Read this post for more details:
https://bitcointalk.org/index.php?topic=5206607.msg54447056#msg54447056Important Advice
Although as a Bitcoin supporter, I support the adoption of Bitcoin as utility and increasing the use of Bitcoin as currency. But I strongly suggest you all to not spend Bitcoins directly for buying expensive assets like house and cars. Since status of Bitcoin is still not clear, you may land in big trouble if Income Tax Department tracks your transaction, it may be considered as money laundering. So always withdraw amount to bank first, pay tax if applicable and then spend on whatever you like.
Feel free to ask anything else or more details on any specific point.