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The implications of treating Virtual Digital Assets as taxable properties

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(Source – The Hindu, International Edition – Page No. – 11)

Topic: GS3 – Indian Economy
Context
  • India’s Income Tax Bill, 2025 establishes a legal framework for Virtual Digital Assets, ensuring taxation clarity and alignment with global practices on digital assets.

Introduction

  • As digital finance grows, governments are working on ways to classify, regulate, and tax Virtual Digital Assets (VDAs) like cryptocurrencies and NFTs.
  • India’s Income Tax Bill, 2025, brings a structured legal framework for VDAs, aligning with global practices.
What Are Virtual Digital Assets (VDAs)?
  • Definition: VDAs are digital assets created, stored, and traded electronically using blockchain technology.
  • Examples: Cryptocurrencies (Bitcoin, Ethereum), Non-Fungible Tokens (NFTs), and other digital tokens.
  • Blockchain-Based: Most VDAs operate on decentralized networks, ensuring security and transparency.
  • Ownership Proof: Transactions are recorded on a digital ledger, verifying ownership and transfers.
  • Used for Transactions: Can be used for payments, investments, and smart contracts.
  • Global Recognition: Many countries classify VDAs as property, capital assets, or securities.
  • Highly Volatile: Prices fluctuate significantly due to market demand and regulations.
  • Legal Status in India: Defined under Section 2(111) of the Income Tax Bill, 2025, and subject to taxation.

VDAs as Property and Capital Assets

  • The bill clearly defines VDAs as property and capital assets, similar to how the U.K., Australia, and New Zealand treat them.
  • This means profits from buying and selling VDAs will be taxed just like real estate or stocks.
  • If a person buys Bitcoin and sells it at a higher price, the profit will be taxed under capital gains.

Taxation of VDAs

  • A flat 30% tax applies to profits from VDA transactions.
  • No deductions are allowed, except for the initial cost of purchase (e.g., transaction fees cannot be deducted).
  • A 1% TDS (Tax Deducted at Source) applies to VDA transfers, even in direct person-to-person transactions.
  • The tax rules are stricter than in the UAE, where certain crypto trades are tax-free.

Reporting and Compliance

  • VDAs must be reported in tax filings; failure to do so can result in them being classified as undisclosed income and taxed heavily.
  • Authorities can seize VDAs if they suspect tax evasion, just like they do with cash or gold.
  • Crypto exchanges and traders must report all transactions, making illegal activities harder.

Aligning with Global Standards and Challenges

  • India’s classification of VDAs as property and capital assets aligns with international tax frameworks.
  • The U.S. SEC treats many crypto assets as securities, bringing them under financial regulations.
  • Despite progress in taxation and classification, there is no comprehensive regulatory framework yet.
  • Issues like investor protection, enforcement mechanisms, and standard guidelines remain unresolved.
  • A cohesive policy is needed to integrate financial regulations, technology, and consumer protection for a secure digital asset system. 
Practice Question:  Discuss the implications of India’s Income Tax Bill, 2025, in classifying Virtual Digital Assets (VDAs) as property and capital assets. How does this align with global practices, and what challenges remain in regulating VDAs comprehensively? (250 Words /15 marks)

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