Challenges in the field of cryptocurrency and taxation

Cryptocurrencies have been in the news lately because tax authorities believe they could be used for money laundering and tax evasion. Even the Supreme Court has appointed a special team to investigate black money and recommended that trading in such currency be discouraged. While China has reportedly banned some of its largest bitcoin trading operators, countries such as the United States and Canada have laws restricting trade in cryptocurrency stocks.

What is a cryptocurrency?

Cryptocurrency, as the name suggests, uses encrypted codes to make a transaction. These codes are recognized by other computers in the user community. Instead of using paper money, the online book is updated through simple accounting entries. The buyer’s account is debited and the seller’s account is credited with such currency.

How are cryptocurrency transactions made?

When a transaction is initiated by a user, its computer sends a public cipher or public key that interacts with the private cipher of the person receiving the currency. If the recipient accepts the transaction, the initiating computer attaches a piece of code to a block of several such encrypted codes, which is known to each user on the network. Special users, called Miners, can attach additional code to a publicly shared block by solving a cryptographic puzzle and earning more cryptocurrency in the process. Once a miner confirms a transaction, the block entry cannot be changed or deleted.

BitCoin, for example, can be used on mobile devices as well as to make purchases. All you have to do is allow the receiver to scan a QR code from an app on your smartphone or put it face to face using near field communication (NFC). Keep in mind that this is very similar to regular online wallets such as PayTM or MobiQuick.

Stubborn users swear by bitcoin because of its decentralized nature, international acceptance, anonymity, consistency of transactions and data security. Unlike paper currency, no central bank controls inflationary pressures on cryptocurrency. Transaction logs are stored on a Peer-to-Peer network. This means that each computer chip in its computing power and copies of databases are stored on each such node in the network. Banks, on the other hand, store data on transactions in central repositories, which are in the hands of private individuals hired by the company.

How can cryptocurrency be used for money laundering?

The very fact that there is no control over cryptocurrency transactions by central banks or tax authorities means that transactions cannot always be marked on a specific person. This means that we do not know whether the translator acquired the value legally or not. The store of the recipient of the transaction is also suspicious, as no one can say what the reward was for the currency received.

What does Indian law say about such virtual currencies?

Virtual currencies or cryptocurrencies are generally considered to be parts of software and are therefore classified as commodities under the Sale of Goods Act 1930.

As well, they will be subject to indirect taxes on their sale or purchase, as well as GST on the services provided by Miners.

There is still a lot of confusion about whether cryptocurrencies are valid as a currency in India, and RBI, which has powers over clearing and payment systems and prepaid negotiating instruments, has certainly not allowed buying and selling through this medium.

In this way, all cryptocurrencies received by an Indian resident will be regulated by the 1999 Currency Management Act as imports of goods into that country.

India has allowed bitcoin trading on special exchanges with built-in safeguards to evade taxes or money laundering and enforce Know Your Customer Standards. These exchanges include Zebpay, Unocoin and Coinsecure.

Those who invest in bitcoins, for example, are required to be charged on dividends received.

Capital gains from the sale of securities involving virtual currencies are also subject to taxation as income and subsequent online filing of IT declarations.

If your investment in this currency is large, it is better to get the help of a personalized tax office. Online platforms have greatly facilitated the process of tax compliance.