Crypto Tax and Withdrawal Advice for Indian Resident Trader

Tax planning 82 views 1 replies

Hello Sir/Madam,

 

I am an Indian resident trading in forex market cryptocurrencies (mainly on propfirms ). I have a few questions and need expert advice regarding:

 

1. The correct way to report crypto income as per Indian tax laws (Section 115BBH).

 

 

2. Whether crypto P2P withdrawals or using stablecoins (like USDT) directly via offshore wallets (e.g., MetaMask, Trust Wallet) is legal.

 

 

3. How to legally minimize the 30% flat crypto tax (through gifting, family accounts, or any legal structure).

 

 

4. Whether setting up an offshore entity (e.g., in Dubai or Singapore) would help for tax savings and legal compliance.

 

 

5. Any FEMA/RBI guidelines I should be aware of if I use foreign exchanges or wallets.

 

 

 

I am looking for a short online consultation — preferably affordable — and may consider long-term advisory help if everything goes well.

 

Please let me know if you are experienced in crypto taxation and available for a quick call or video session.

 

Thanks and regards,

Krishna Soni

Rajsthan 

Replies (1)

Crypto Taxation and Regulations in India I'll provide guidance on your questions,

. 1. Reporting Crypto Income (Section 115BBH) - *Tax Rate*: 30% flat tax rate on crypto income. -

*Reporting*: Report crypto income in your income tax return, using ITR-2 or ITR-3, depending on your income sources.

- *Documentation*: Maintain records of transactions, including dates, amounts, and types of cryptocurrencies.

 2. P2P Withdrawals and Stablecoins - *P2P Withdrawals*: Generally allowed, but ensure compliance with tax laws and regulations. -

*Stablecoins*: Using stablecoins like USDT via offshore wallets may be subject to RBI and FEMA regulations.

 3. Minimizing Crypto Tax - *No Specific Exemptions*: Currently, no specific exemptions or deductions are available for crypto income. -

*Tax Planning*: Consider consulting a tax professional to explore potential tax-saving strategies.

 4. Offshore Entity for Tax Savings -

*Tax Implications*: Setting up an offshore entity may have tax implications in India and the jurisdiction where the entity is set up. -

*Compliance*: Ensure compliance with Indian tax laws, FEMA, and RBI regulations.

5. FEMA/RBI Guidelines - *Foreign Exchange Regulations*: Familiarize yourself with FEMA and RBI guidelines on foreign exchange transactions, including those related to cryptocurrencies. -

 *Tax Professionals*: Chartered accountants or tax consultants with experience in crypto taxation. -

*Lawyers*: Lawyers specializing in tax law, FEMA, and RBI regulations.

Next Steps - *Schedule a Consultation*: Reach out to a tax professional or lawyer.

 *Stay Informed*: Stay up-to-date with changes in tax laws and regulations related to cryptocurrencies in India.


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