How to Save Tax on Bitcoin and Crypto Sales in 2022 (Legally)?

From April 1, 2022, a flat 30% tax will be applied on the sale of cryptocurrency in India. Some people have begun to devise novel ways to lawfully avoid paying this tax, as detailed below.

 Bitcoin and other cryptocurrency sales are subject to a 30% tax.

Budget 2022 established a new concept called Virtual Digital Asset, which includes all cryptos such as Bitcoin, Etherium, and others, as well as NFTs.

Gains originating from all Virtual Digital Assets are taxed at a flat rate of 30%, and so gains arising from crypto’s such as Bitcoin, Etherium, and so on are taxed at a flat rate of 30%. Furthermore, income would be taxed under the heading Other Sources rather than Capital Gains.

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If there is a loss from the sale of any Crypto, it cannot be offset by profits from any other form of income such as business income, capital gains, and so on. Losses on one cryptocurrency trade would not be allowed to be offset by gains on another cryptocurrency exchange. The cryptocurrency tax and losses would not even be carried forward to the following year.

However, for the purposes of Income Tax, my income would be regarded as Rs. 5 lakhs rather than Rs. 1 lakh, and a 30% tax would be charged on it. In this scenario, the tax payable would be 30% of 5 lakhs, or Rs. 1.5 lakhs. To reiterate, a loss on the sale of a cryptocurrency cannot be offset by a gain on the selling of another cryptocurrency. 

1% TDS on Bitcoin and other Crypto Transactions:

From 1st April 2022 onwards, 1% TDS, or Tax Deducted at Source, would be imposed on the sale of all Virtual Digital Assets such as NFTs, Cryptos, and so on. This 1% TDS would have to be deducted on the Sale Price rather than the Capital Gain under Section 194S. 

When completing the ITR, the individual will be entitled to claim credit for the 1% TDS that has already been deducted.

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Tax Collection Period

The aforementioned taxes would be levied at the time of asset sale, not when money is taken from a bank account. Thus, if a person sells crypto and receives funds in his crypto wallet but does not withdraw the cash to his bank account, tax must be paid in the year the crypto was sold, not in the year the money was withdrawn to the bank account.

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Even if a person sold one cryptocurrency to purchase another, this would be deemed a case of sale and a Barter transaction. Although INR was not received in this scenario, it would be considered a sale because Crypto was sold. Even if the cryptocurrency is sold on a foreign exchange, the same rule would apply.

This regulation applies to all Indian residents, but not to NRIs or persons who have entities outside of India, or if the cryptocurrency is sold by a foreign entity. 

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How to Save Tax on Crypto Sales in 2022?

In India, the tax on cryptos, NFTs, and other Virtual Digital Assets is extremely punitive. The inability to deduct expenses and pay off losses makes the tax laws much tougher.

This law applies to everyone who is a resident of India, but not to NRIs or businesses registered outside of India.

To avoid such punitive taxes, many active Indian crypto dealers have begun registering entities outside of India in tax havens such as Dubai, where there is no tax. They trade through their foreign corporations, and no tax is levied in India.

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