After taxing cryptocurrency asset gains at a rate of 30%, the government will begin collecting a 1% tax deducted at the source that is called TDS on every transfer or consideration of a trade on July 1, 2022. The buyer—the individual providing the consideration—would be obligated to deduct 1% tax under section 194S of the Income-tax Act in a peer-to-peer (direct buyer to seller) transaction of virtual digital assets, according to clarification provided by the Central Board of Direct Taxes on Wednesday. With effect from July 1st, 2022, a new section 194S of the Income-tax Act, 1961 was added by the Finance Act 2022. The market participants are still seeking clarifications regarding the new taxation standard, and the Indian government has about two months to supply the necessary specifications that the participants are looking for.
Also Read: New Crypto Tax in India 2022 Explained
What is the new section all about?
In accordance with the new clause, anyone making a payment using virtual digital assets (VDAs) or cryptocurrency assets must deduct tax at source (TDS) at a rate of 1% of the amount being paid. While the application of income tax to crypto-assets has been made clearer by the Finance Act 2022, there was some ambiguity surrounding the application of TDS to crypto transactions. According to the circular, the calculation of consideration for transfer of VDA triggering deduction shall be calculated beginning on April 1, 2022, as the threshold of 50,000 is with respect to the financial year. The circular emphasized the possibility of numerous phases of tax deduction requirements under section 194S if the cryptocurrency transaction is occurring on or through an exchange.
The exchanges now have a heavier compliance burden and are responsible for deducting TDS to a larger extent. The full transaction history must be kept up to date, and these transactions must be disclosed in the taxpayers’ income tax returns. Therefore, in general, exchanges must engage in contractual agreements with brokers or consumers in order to be able to deduct the TDS that the buyer is obligated to deduct.
The tax department underlined that only the exchange, which is crediting or paying the seller, may deduct taxes in situations where the transfer of VDA occurs on or through an exchange and the asset being transferred is owned by someone other than the exchange, either directly or through a broker.
How much tax is paid when payment is made in kind?
When payment is made in kind, in exchange for another VDA, or partially in kind and cash is insufficient to cover the TDS due, the person paying the consideration must make sure that any tax that must be deducted has been paid in relation to the consideration before releasing the payment. In addition, both the buyer and the seller of a VDA must pay tax with regard to the transfer of the VDA and provide proof to the other party before the exchange of VDAs can take place.
What impact will it have on you?
An effect on investors will result from this Every trade would result in them losing 1% of their capital. The capital for day traders and short-term investors would be severely hampered, even though any TDS amount over taxes payable would ultimately be returned. Every transaction would result in a steady loss of the capital invested in cryptocurrencies, which would ultimately lower category profits as a whole. The 1% TDS would deter active day trading from the perspective of the exchange, which would result in a decrease in transaction volumes overall.
It has been urged of the cryptocurrency players that they drop the 1% TDS restriction, or at the very least reduce it to 0.01%. The industry supports a 0.01 percent TDS reduction since it would benefit all parties involved. He maintained that lower TDS rates will guarantee that total trading volumes are barely affected, allowing for better trader profitability and, as a result, bigger taxation volumes for the country.