The revelation of old VDAs and perils of non-disclosure
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The Revelation of Old VDAs and the Perils of Non-Disclosure

Wed May 24 2023

In the realm of digital finance, the rapidly evolving landscape of cryptocurrencies has captured the attention of individuals and governments alike. With its burgeoning interest in digital assets, India has recognised the need to regulate this new frontier, including the taxation of cryptocurrencies.

The Indian tax authorities have intensified their efforts to ensure compliance, shedding light on the past missteps of those who have not disclosed their Virtual Digital Assets, hereinafter referred to as VDAs. In this blog, we delve into the perils associated with non-disclosure of VDAs.

Simplifying Crypto Tax Confusion

As cryptocurrencies gained widespread popularity, the Indian government swiftly acknowledged the potential for revenue generation through taxation. In response, the Income Tax Department mandated the disclosure of cryptocurrency holdings and transactions. Individuals engaging in crypto activities now face the task of reporting their virtual currency investments and any income derived from trading or mining. Implementing the Finance Act 2022, a new provision called Section 115BBH has been introduced, effective from April 1, 2022, for the financial years beginning April 1, 2022. This section outlines the taxation rules for income generated from the transfer of Virtual Digital Assets (VDA) at a flat rate of 30%. As a result, any income derived from transactions involving Virtual Digital Assets on or after April 1, 2022, will be subject to taxation under Section 115BBH, regardless of any other applicable laws. Failing to comply with these regulations attracts substantial penalties and could be adverse to your financial history.

Risk and Consequences of Non-Disclosure

Choosing to hide one's old VDAs, assuming they can remain undiscovered, is akin to dancing on the cliff of a mountain blindfolded. The Indian tax authorities are increasingly adept at tracing cryptocurrency transactions and identifying non-compliant individuals. The consequences of non-disclosure can be severe, ranging from substantial financial penalties to legal ramifications. Those who do try to evade disclosure requirements are putting their financial stability at risk, as it possess a threat to their overall financial well-being.

If you held VDAs before February 1, 2023, you must disclose these VDAs in your income tax return for the assessment year 2023-24. You can do this by filing Form 26AS with your income tax return. If you fail to disclose your old VDAs, you may be liable for a number of consequences, including:

  • 60% payable value of Total VDAs
  • Prosecution under the Income-tax Act, 1961
  • If undisclosed VDAs are admitted by taxpayers during search & seizure then 30% of the total payable value of VDAs.

The Cryptocurrency Tax Accountant

Before filling out your Income Tax Return (ITR), it is crucial to consult with tax professionals. When it comes to cryptocurrency taxes, these experts can help individuals understand and navigate the complexities involved. They have in-depth knowledge of the ever-changing tax regulations and can provide guidance through the intricate process. Seeking their assistance ensures that individuals accurately report their cryptocurrency activities, take advantage of deductions to minimise taxes and protect themselves from the serious consequences of not disclosing their cryptocurrency holdings. These professionals act as a reliable guide, leading individuals towards compliance and financial security in the realm of cryptocurrency taxes. Additionally, you can also rely on TaxNodes for crypto tax consultancy. By utilising TaxNodes' knowledge, individuals can precisely report their cryptocurrency income and transactions, ensuring compliance and maximising savings through eligible deductions and exemptions.

Creating a Secure Future

The importance of adhering to the income tax regulations on cryptocurrency cannot be overstated. Beyond the immediate consequences of non-disclosure, the long-term implications can be far-reaching. Failure to disclose old VDAs creates a permanent mark on one's financial history, diminishing opportunities for loans, investments and business endeavours. The path to financial security demands transparency and compliance, paving the way for a brighter future.

Conclusion

In the world of cryptocurrencies, India is regulating and taxing Virtual Digital Assets (VDAs). Not disclosing these assets can have serious consequences. The Indian tax authorities are skilled at tracing cryptocurrency transactions and identifying non-compliant individuals. Failing to disclose VDAs can result in significant financial penalties and legal trouble, jeopardising one's financial stability. Consulting with cryptocurrency tax professionals, like CA or receiving services like TaxNodes, is crucial. Embracing the expertise of a TaxNodes empowers individuals to traverse the path of compliance, safeguarding their interests and illuminating a secure and prosperous future.

By leveraging TaxNodes, individuals can simplify their tax responsibilities, mitigating the potential for non-compliance and the resulting penalties.  Adhering to income tax regulations on cryptocurrencies is vital for creating a secure financial future. Non-disclosure of VDAs can have long-term effects, limiting opportunities for loans, investments, and business ventures. Transparency and compliance with tax regulations are key to paving the way towards financial security.

Astik Dubey

byAstik Dubey

Astik is a law student diving deep into indirect Tax and business law. With a flair for business writing and a special interest in crypto taxation, he turns complexity into captivating articles. Join his enlightening blog, where law and business intersect.

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