Cryptocurrency Taxation in India – Budget 2022

India has finally introduced a capital gains tax on crypto gains!  You’ve probably seen it already. News media is talking about it. Twitter is going bonkers over this story.

During Budget 2022, the finance minister made a big announcement that virtual digital assets including cryptocurrencies will be taxed from 1st April 2022. 

Yes, it’s big news! Not just this, there was no negative impact on the prices of most of the popular crypto tokens including Bitcoin, ETH, WRX, SOL, ADA, DOGE, MATIC listed on Indian exchanges.

 

Now let us understand what exactly are virtual digital assets?

The definition of digital assets as per the Budget 2022 is as below:

“Any information or code or number or token (not being Indian currency or foreign currency), generated through cryptographic means or otherwise, by whatever name called, providing a digital representation of value exchanged with or without consideration, with the promise or representation of having inherent value, or functions as a store of value or a unit of account including its use in any financial transaction or investment, but not limited to investment scheme; and can be transferred, stored or traded electronically;“.

Basically virtual digital assets include private cryptocurrencies, DeFi (decentralized finance), and non-fungible tokens (NFTs). Prima facie, excludes digital gold, central bank digital currency (CBDC), or any other traditional digital assets.

 

Crypto taxation rules:

  1. A flat rate of 30% will be levied on the income from virtual digital assets regardless of the tax slab
  2. Indexation of the gains is not allowed.
  3. The gifting of crypto tokens and virtual assets would be taxed at the hands of the recipient at the same rate. No recipient will be excluded from taxation.
  4. In order to tax crypto transactions, a 1% TDS will be levied. Our understanding is that this 1% is within the overall 30% tax. The monetary threshold above which the TDS is applicable will be intimated later.
  5. Can set off crypto losses in the same year with crypto gains
  6. Losses or gains arising from digital virtual assets cannot be set off with any other gains
  7. Losses cannot be carried forward

So if you’ve made two transactions during the financial year 2022-23, one where you turn a profit of INR 1000 and one where you lose INR 700 in virtual digital assets. Then the government will only tax the net again. In this case, INR 300 i.e. INR 1000 - INR 700. 

However, with cryptos,  you won’t be able to offset losses using gains made via the sale of other assets — stocks for instance, nor can you carry forward the loss next financial year i.e 2023-24 to set off it with net tax.

Overall, the government has neither legalised nor banned cryptocurrencies. But it’s made a move to discourage short-term trading, at least.

 

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    Income-tax Rates FY 2022-23 (AY 2023-24)

    Before knowing the tax rates, it is very important to understand the terms Financial year (FY) and Assessment Year (AY).

    The below-mentioned tax rates/ slab is on the income earned for the period 1 April 2022 to 31 March 2023. FY stands for the ‘financial year’ which is from 1 April 2022 to 31 March 2023. AY stands for Assessment year which is 1 April 2023 to 31 March 24.

    For individuals, the due date to file the income tax return for the income earned from 1 April 2022 to 31 March 2023 is 31 July 2023. 

    However, considering the current updates available after the Finance Minister’s speech, there is no change in tax slabs. Therefore, the tax rates remain unchanged.

    Income tax Rates 

    1. Income Tax Rate & Slab for Individuals & HUF:

    1a. Individual (Resident or Resident but not Ordinarily Resident or non-resident), who is of the age of less than 60 years on the last day of the relevant previous year & for HUF:

     

    Taxable income Tax Rate

    (Existing Scheme)

    Tax Rate

    (New Scheme)

    Up to Rs. 2,50,000 NIL NIL
    Rs. 2,50,001 to Rs. 5,00,000 5%  5% 
    Rs. 5,00,001 to Rs. 7,50,000 20% 20%
    Rs. 7,50,001 to Rs. 10,00,000 20% 15%
    Rs. 10,00,001 to Rs. 12,50,000 30% 20%
    Rs. 12,50,001 to Rs. 15,00,000 30% 25%
    Above Rs. 15,00,000 30% 30%

     1b. Resident or Resident but not Ordinarily Resident senior citizen, i.e., every individual, being a resident or Resident but not Ordinarily Resident in India, who is of the age of 60 years or more but less than 80 years at any time during the previous year:

    Taxable income Tax Rate

    (Existing Scheme)

    Tax Rate

    (New Scheme)

    Up to Rs. 2,50,000 Nil Nil
    Rs. 2,50,001 to Rs. 3,00,000 Nil 5%
    Rs. 3,00,001 to Rs. 5,00,000 5% 5%
    Rs. 5,00,001 to Rs. 7,50,000 20%  10%
    Rs. 7,50,001 to Rs. 10,00,000 20%  15%
    Rs. 10,00,001 to Rs. 12,50,000 30%  20%
    Rs. 12,50,001 to Rs. 15,00,000 30%  25%
    Above Rs. 15,00,000 30%  30%

     1c. Resident or Resident but not Ordinarily Resident super senior citizen, i.e., every individual, being a resident or Resident but not Ordinarily Resident in India, who is of the age of 80 years or more at any time during the previous year:

     

    Taxable income Tax Rate

    (Existing Scheme)

    Tax Rate

    (New Scheme)

    Up to Rs. 2,50,000 Nil NIL
    Rs. 2,50,001 to Rs. 5,00,000 Nil 5%
    Rs. 5,00,001 to Rs. 7,50,000 20% 10%
    Rs. 7,50,001 to Rs. 10,00,000 20% 15%
    Rs. 10,00,001 to Rs. 12,50,000 30% 20%
    Rs. 12,50,001 to Rs. 15,00,000 30% 25%
    Above Rs. 15,00,000 30% 30%

     

    Surcharge:
    a) 10% of Income-tax where total income exceeds Rs.50 lakh
    b) 15% of Income-tax where total income exceeds Rs.1 crore
    c) 25% of Income-tax where total income exceeds Rs.2 crore
    d) 37% of Income-tax where total income exceeds Rs.5 crore

    Note: The enhanced surcharge of 25% & 37%, as the case may be, is not levied, from income chargeable to tax under sections 111A, 112A, and 115AD. Hence, the maximum rate of surcharge on tax payable on such incomes shall be 15%.

    Education cess: 4% of income tax plus surcharge

    Note: A resident or Resident but not an Ordinarily Resident individual is entitled to a rebate under section 87A if his total income does not exceed Rs. 5, 00,000. The amount of rebate shall be 100% of income tax or Rs. 12,500, whichever is less. rebate under section 87A is available in both schemes I.e. existing scheme as well as the new scheme.

    2. Income Tax Rates for AOP/BOI/Any other Artificial Juridical Person:

    Taxable income Tax Rate
    Up to Rs. 2,50,000 Nil
    Rs. 2,50,001 to Rs. 5,00,000 5%
    Rs. 5,00,001 to Rs. 10,00,000 20%
    Above Rs. 10,00,000 30%

    Surcharge:

    1. a) 10% of Income-tax where total income exceeds Rs.50 lakh
    2. b) 15% of Income-tax where total income exceeds Rs.1 crore
    3. c) 25% of Income-tax where total income exceeds Rs.2 crore
    4. d) 37% of Income-tax where total income exceeds Rs.5 crore

    Note: Enhanced Surcharge rate (25% or 37%) is not applicable in case of specified incomes I.e. short-term capital gain u/s 111A, long-term capital gain u/s 112A & short-term or long-term capital gain u/s 115AD(1)(b).

    Education cess: 4% of tax plus surcharge

     

    3. Tax Rate for Partnership Firms:

    A partnership firm (including LLP) is taxable at 30%.

    Surcharge: 12% of Income-tax where total income exceeds Rs. 1 crore

    Education cess: 4% of Income-tax plus surcharge

     

    3a. Income Tax Slab Rate for Local Authority:

    A local authority is Income taxable at 30%.

    Surcharge: 12% of Income-tax where total income exceeds Rs. 1 crore

    Education cess: 4% of tax plus surcharge

     

    3b. Tax Slab Rate for Domestic Companies:

    A domestic company is taxable at 30%. However, the tax rate is 25% if turnover or gross receipt of the company does not exceed Rs. 400 crore in the previous year.

    Particulars Tax Rate(%)
    If turnover or gross receipt of the company does not exceed Rs. 400 crore in the previous year 2019-20 25%
    If the company opted for section 115 BA (Note 1) 25%
    If the company opted for section 115 BAA (Note 2) 22%
    If the company opted for section 115 BAB (Note 3) 15%
    Any other domestic company 30%

     

    Note 1: Section 115BA – A domestic company which is registered on or after March 1, 2016, and engaged in the business of manufacture or production of any article or thing and research in relation to (or distribution of) such article or thing manufactured or produced by it and also It is not claiming any deduction u/s 10AA, 32AC, 32AD, 33AB, 33ABA, 35(1)(ii)/(iia)/(iii)/35(2AA)/(2AB), 35AC, 35AD, 35CCC, 35CCD, section 80H to 80TT (Other than 80JJAA) or additional depreciation, can opt section 115BA on or before the due date of return by filing Form 10-IB online. The company cannot claim any brought-forward losses (if such loss is related to the deductions specified in the above point).

    Note 2: Section 115 BAA – Total income of a company is taxable at the rate of 22% (from A.Y 2020-21) if the following conditions are satisfied:

    – Company is not claiming any deduction u/s 10AA or 32(1)(iia) or 32AD or 33AB or 33ABA or 35(1)(ii)/(iia)/(iii)/35(2AA)/(2AB) or 35AD or 35CCC or 35CCD or section 80H to 80TT (Other than 80JJAA).

    – The Company is not claiming any brought forward losses (if such loss is related to the deductions specified in the above point).

    – Provisions of MAT are not applicable to such companies after exercising their option. The company cannot claim the MAT credit (if any is available at the time of exercising section 115 BAA).

    Note 3: Section 115 BAB – Total income of a company is taxable at the rate of 15% (from A.Y 2020-21) if the following conditions are satisfied:

    – Company (not covered in section 115BA and 115BAA) is registered on or after October 1, 2019, and commenced manufacturing on or before 31st March 2023.

    – Company is not formed by splitting up or reconstructing a business already in existence.

    – Company does not use any machinery or plant previously used for any purpose.

    – Company does not use any building previously used as a hotel or a convention center, as the case may be.

    – The company is not engaged in any business other than the business of manufacture or production of any article or thing and research in relation to (or distribution of) such article or thing manufactured or produced by it. Business of manufacture or production shall not include the business of –

    • Development of computer software;
    • Mining;
    • Conversion of marble blocks or similar items into slabs;
    • Bottling of gas into the cylinder;
    • Printing of books or production of the cinematographic film; or
    • Any other notified by Central Govt.

    – Company is not claiming any deduction u/s 10AA or 32(1)(iia) or 32AD or 33AB or 33ABA or 35(1)(ii)/(iia)/(iii)/35(2AA)/(2AB) or 35AD or 35CCC or 35CCD or section 80H to 80TT (Other than 80JJAA and 80M).

    – The Company is not claiming any brought forward losses (if such loss is related to the deductions specified in the above point).

    – Provisions of MAT are not applicable to such companies after exercising their option. The company cannot claim the MAT credit (if any is available at the time of exercising section 115 BAA).

    Surcharge:

    1. a) 7% of Income-tax where total income exceeds Rs.1 crore
    2. b) 12% of Income-tax where total income exceeds Rs.10 crore
    3. c) 10% of income tax where domestic company opted for section 115 BAA and 115 BAB

    Education cess: 4% of Income-tax plus surcharge.

     

     4. Tax Rates for Foreign Companies:

    A foreign company is taxable at 40%

    Surcharge: 

    1. a) 2% of Income-tax where total income exceeds Rs. 1 crore
    2. b) 5% of Income-tax where total income exceeds Rs. 10 crore

    Education cess: 4% of Income-tax plus surcharge.

    5. Income Tax Slab for Co-operative Society

    Taxable income Tax Rate

    (Existing Scheme)

    Tax Rate

    (New Scheme)

    Up to Rs. 10,000 10%
    Rs. 10,001 to Rs. 20,000 20% 22%
    Above Rs. 20,000 30%

     

    Surcharge:

    1. a) 12% of Income-tax where total income exceeds Rs. 1 crore
    2. b) In the case of the Concessional scheme, the surcharge rate is 10%

    Education cess: 4% of Income-tax plus surcharge.

     

    Income Tax rates of last 5 years:

    Income Tax Rate FY 2016 - 17 (AY 2017-18)

    Income Tax Slab Rate & Deductions - FY 2017-18 (AY 2018-19)

    Income-tax Rates FY 2019-20 (AY 2020-21)

    Income-tax Rates FY 2020-21 (AY 2021-22)

    Income-tax Rates FY 2021-22 (AY 2022-23)

    Disclaimer: – The articles are for information purposes only. Information presented is general information that does not take into account your individual circumstances, financial situation, or needs, nor does it present a personalized recommendation to you. You must consult a financial advisor who understands your specific circumstances and situation before taking an investment decision.

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