Indian regulators warn crypto transactions are undermining tax enforcement

Financial regulators in India have issued a warning regarding cryptocurrency transactions. According to them, such transactions undermine tax enforcement efforts. 

The Times of India initially reported this announcement on Thursday, January 8, noting that the financial authorities’ attitude towards cryptocurrency transactions followed findings from the Income Tax Department (ITD), a government agency responsible for the administration and enforcement of direct tax laws, primarily the Income-tax Act, 1961, which were shared during a crucial meeting of a parliamentary finance committee. 

Concerning these findings, reporters highlighted that the agency discovered several serious threats linked to crypto-related activities, sparking tension in the country. Notably, the ITD receives orders from the Central Board of Direct Taxes (CBDT), a member of the Department of Revenue within the Ministry of Finance. 

Uncertainties surrounding the crypto-related activities spark concerns in India 

During a committee meeting that took place on Wednesday, January 7, in which several agencies, such as the CBDT, the Department of Revenue, and the Financial Intelligence Unit (FIU), participated, reports indicated that financial authorities thoroughly reviewed a report entitled “A Study on Virtual Digital Assets (VDAs) and Way Forward.”

The ITD informed its fellow agencies about some of the challenges faced in the crypto industry, including offshore exchanges, private wallets, and decentralized finance (DeFi) tools, which serve as obstacles to effectively detecting taxable income.

To further elaborate on these challenges, executives from this government agency alleged that cryptocurrencies facilitate anonymity, borderlessness, and near-instant value transfers. These features, according to their argument, enable individuals to transfer their funds without using regulated financial intermediaries. 

Another key challenge that the ITD tackled was jurisdictional problems that result from offshore VDA activities. Regarding these issues, the agency acknowledged that it would be very difficult to monitor transactions carried out and accurately classify holders to enforce tax laws when several jurisdictions are involved.

In its report,  the ITD insisted that, “Despite recent efforts to share information, it is still challenging, which makes it hard for tax officials to properly assess and reconstruct transaction chains.” 

India implements strict tax laws on crypto-related activities 

Following the growing uncertainties surrounding crypto-related activities, financial reports indicated that relevant authorities in India have decided to impose a flat tax of 30% on all gains generated from crypto activities and deduct a 1% tax at source (TDS) for every transaction made, irrespective of whether it generates funds or not.

Meanwhile, despite the tough tax regulations for crypto-related activities in place, it is worth noting that the country supports crypto trading and has expressed heightened excitement over the return of US-based cryptocurrency exchange Coinbase in 2025.

Nonetheless, even with this discovery, analysts still stress that the Indian government has a careful outlook and mixed reaction towards crypto.

As cryptocurrencies become increasingly adopted among individuals, reports declared that the crypto market in India is approaching a crucial turning point, citing information from local leaders. Based on this information, more individuals began to demonstrate growing interest in the industry, and forty-nine crypto exchanges received approval to begin operations in India from the Financial Intelligence Unit for the fiscal year 2024–2025. 

However, even with this positive announcement, analysts stated that the current tax regulations pose challenges because the government does not recognize losses incurred as a result of crypto transactions. Such a scenario leads to conflict and disagreement, rather than achieving equitable or just outcomes, said Ashish Singhal, co-founder of CoinSwitch.

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