A. The Budget 2022 had the following announcements regarding taxation of Digital Assets:
- Crypto currencies have now been included in the Virtual Digital Assets definition.
- Income from transfer of digital assets such as crypto will be taxed at 30%+cess and Surcharge. The Cost of Acquisition being the only allowable deduction.
- The loss on sale of digital assets cannot be set off against any other income nor allowed to be carried forward to subsequent tax years.
- To regulate and capture details of the transactions, tax shall be deducted (TDS) @1% on payment made to the seller of crypto currency by crypto exchange or any other payer, if the total payment during the tax year is above INR 10,000. The threshold limit for TDS would be INR 50,000 a year for specified persons which include individuals and HUFs who are required to get their accounts audited under the income Tax Act, These provisions are applicable from July 1 2022 primarily requires the crypto exchanges to deduct taxes whenever required.
- Gifting of digital assets will also be taxed in the hands of the receiver. The taxability will arrive only if the value of the Virtual Digital Asset exceeds INR 50,000 but there will be no tax liability in case of receipt of such assets through a relative as defined under the tax law on the occasion of marriage, etc.
- The Income Tax forms from April 1, 2022 have a separate column for making disclosures on gains made from crypto currencies and paying taxes.
- Virtual Digital Assets (VDA) are now a part of Moveable assets under income tax Act Sec 56(2)(x).