Nirmala Sitharaman, India's Finance Minister, suggested taxing digital assets, which has stoked more discussion about whether cryptocurrency transactions should be allowed in India. Under section 194S, 1% TDS is levied on crypto transactions.

One can conclude that cryptocurrencies are unlawful, but there isn't a firm ban on them in India based on several important statements by the Governor of the Reserve Bank of India and other government spokespersons, including the nation's Finance Minister. Although unregulated, the Indian government recently executed a 30% tax on cryptocurrency earnings and a 1% tax deducted at source as part of the Union Budget 2022.

Key Takeaways

• TDS at 1% should be deducted on total value of crypto transactions u/s 194S.
• TDS needs to be deducted by the buyer. When it is transacted through Indian exchanges, the concern exchange is liable to deduct TDS.
• No TDS needs to be deducted if the total transactions for the financial year does not exceed Rs.50,000 for individual or HUF - not liable to tax audit. (Normal tax payers). For others, the threshold limit is Rs.10,000 for the financial year.
• Form 26QE is the statement to be filed for TDS deducted on crypto transactions, within 30 days from the end of the month in which transactions took place.
•  Non-compliance of TDS provisions may lead to penal consequences.

 What is 1% TDS on Crypto in India?

A 1% TDS is charged when a crypto asset is transferred. A transfer refers to a change in ownership, not a transfer from one wallet to another. The main objective of the 1% TDS is to record transaction information and keep track of purchases of crypto assets.

There are a few crucial considerations about crypto TDS: 

• From July 1, 2022, onwards, crypto transactions are subject to a 1% TDS.
• TDS on crypto assets is deducted and deposited to the Central Government. 
• The buyer must withhold TDS when transacting using P2P platforms or overseas exchanges.
• In case the exchanges in India are involved in crypto transaction, TDS needs to be deducted by the exchanges.
• When trading one cryptocurrency for another, a TDS of 1% will be charged to both the buyer and the seller.

However, if the total value of cryptocurrency trading activities does not reach Rs 50,000 in a financial year, the individual won’t be required to pay any TDS.

How is TDS in Crypto Transaction Calculated in India?

As per Section 2(47A) of the Income Tax Act, Virtual Digital Assets (VDAs) effectively includes all crypto assets, such as NFTs, cryptocurrencies, tokens, etc.

While announcing the 2022 Union Budget, Finance Minister Nirmala Sitharaman introduced Section 115BBH, as per which there is a 30% tax applicable on gains obtained from trading cryptocurrencies on or after April 1, 2022. 

Private investors, professional traders, and anyone involved with digital asset transactions during a particular, fiscal year are subject to the tax rate.

Moreover, cryptocurrency transactions are subject to other taxes besides the 30% levy. To guarantee that all cryptocurrency transactions are recorded, there is a 1% TDS on crypto transactions amounting to Rs 50,000 in a fiscal year. This is applicable as per clause 194S on transactions carried out on or after July 1, 2022. 

What is the Date from Which TDS is Applicable on Crypto?

• These provisions will not affect any trades executed before July 1, 2022. 
• As per these provisions, TDS would be deducted on each trade where a crypto asset is exchanged for INR or another crypto asset. 
• However, if you have placed orders before 1 July 2022 but the trades get executed post the date, the new TDS provisions will be applied to your transaction.

What Is the Crypto TDS Rule?

There can be four scenarios that may arise while transacting in cryptocurrencies. These are:

Buying Cryptocurrency with Indian Rupee

When you are buying a cryptocurrency with INR, you need to deduct 1% of TDS and only pay the remaining amount to the seller.

Selling Cryptocurrency and Getting Indian Rupee

In this case, there will be a TDS deduction of 1% on the total value to be received by you. TDS will be deducted by the buyer before making any payments to you. There are no TDS compliance requirements on your side if you are a seller. 

You can make use of TDS credited to your account on payment of income tax.  

Buying Cryptocurrency but Paying with Another Crypto

In this situation, a 1% TDS would be applicable on the sale point transaction of the crypto transaction. For example, if you were using 2000 Ethereum to buy Rs 2000 worth of Bitcoin, you will be required to pay 1% of 2000 Ethereum, or about 20 Ethereum as the TDS.

Selling Cryptocurrency for Another Crypto

In this case, if you were to sell your Dogecoin for Ethereum, you would be required to pay 1% of the Dogecoin's INR value as Tax Deducted at Source.

Simply speaking, TDS @1% needs to be deducted irrespective of whether the consideration is paid in cash or another crypto. When consideration is paid in another crypto, TDS needs to be deducted, considering the value of crypto used for payment. Deduction always needs to be made by person making the payment. Wherever Indian exchanges are involved, TDS should be deducted by such exchanges. 

What is the Crypto TDS Form?

Form 26QE must be submitted to deposit the tax deducted on any VDAs. This form requires the tax deducted under Section 194S to be paid to the Central Government within 30 days from the end of the month when the deduction is made. 

What is the Crypto TDS Refund Policy?

As per the new taxation rules, it is mandatory to pay TDS on the transfer of virtual digital assets. Indian investors who have already paid a 30% tax on their gains from crypto transactions are liable to pay TDS. 

These two tax liabilities need to be settled individually. However, if the tax owed is less than the tax deducted, investors can claim the difference between the two as a refund when filing the tax return. 

What is the Penalty for Not Paying TDS on Crypto?

• If you fail to pay the tax on transactions of cryptocurrencies under Chapter XII-D or XVII-B, 276B, you will be imprisoned for a tenure of a minimum of three years which can extend to seven years, along with a hefty fine.
• The Finance Bill included a change to section 271C of the Income Tax Act, which stated that failure to pay TDS would result in a fine equivalent to the amount of unpaid TDS; the fine would be imposed by a joint commissioner.

Final Word

According to the Income Tax laws, if you purchase NFTs or crypto coins in INR, no TDS would be applicable on such transactions. However, you must pay TDS if you wish to sell it back to get INR. By considering the above facts, you can be a responsible owner of VDAs in India.