• Cryptocurrencies tax treatment

1) LIFO or FIFO on tax calculations for cryptocurrencies capital gains?
2) cryptocurrencies or shares sold but the Fiat was not transferred to bank account and was still in Demat account / crypto exchange, and within next few days more cryptocurrencies / shares were purchased using that very same Fiat(capital+profit) within same financial year, will the capital gain tax be paid on it or it is to be paid when the Fiat is transferred to bank account in future?
Asked 7 years ago in Capital Gains Tax

Hi

1. Use FIFO

2. Capital Gains are levied as soon as an asset is sold. So, tax has to be paid in year of sale and not in year of transfer to bank account.

Lakshita Bhandari
CA, Mumbai
5687 Answers
935 Consultations

1) FIFO

2) Capital gain will be levied irrespective of the money transfer to the bank.

Thanks

Vivek Kumar Arora
CA, Delhi
4953 Answers
1106 Consultations

Dear Sir,

Please find below answers :

a) its FIFO only.

b) it will be subject to capital gain irrespective of fact that whether fund is transferred to bank or not

Vishrut Rajesh Shah
CA, Ahmedabad
943 Answers
39 Consultations

Hi,

1. It's FIFO method.

2. Capital gain is applicable on sale of cryptocurrencies. It is nothing to do with bank account transfer.

Please feel free to call/ revert in case you need more clarity.

Thanks and regards

Abhishek Dugar

CA CS B.Com

Abhishek Dugar
CA, Mumbai
3576 Answers
183 Consultations

1. Yes, STCG can be set off against STCL. If there's any excess loss, it can be carried forward for future set offs.

2. Yes, it would be considered as sale.

Lakshita Bhandari
CA, Mumbai
5687 Answers
935 Consultations

Hi,

Yes, you can adjust short term capital gain with short term capital loss in the same year. You can also carry forward the remaining loss.

Yes, exchange of cryptos will be termed as sale.

Abhishek Dugar
CA, Mumbai
3576 Answers
183 Consultations

It depends upon your residential status. If you are resident in India then it will be covered under Income tax laws.

Thanks

Vivek Kumar Arora
CA, Delhi
4953 Answers
1106 Consultations

If the transactions have been done in an Indian resident's name, it will be chargeable to tax in India.

Lakshita Bhandari
CA, Mumbai
5687 Answers
935 Consultations

Its always fifo sir.

Further tax on capital gain does not work with where the gain is received. I mean to say whether it is in bank account of Demate of Exchange account, if capital gain arises it arises though you have not withdrawn amount to your bank account.

You can always purchase new assets from proceeding of sale, but it does not make any difference to calculation of capital gain.

Yes , Short term capital loss can be set off against short term capital gain. Further you can also carried forward un absorbed capital loss to next 8 years.

The other question you have asked can be considered as transaction under barter system and for that some more clarification is required.

If you are resident of india your global income is taxable in india as per secton 9 of the income tax act 1961.

Vikas Jain
CA, Ahmedabad
18 Answers

Hi

Technically global income of an Indian resident is taxable in India. Accordingly, even if the trading has taken place outside India, it will be taxable in India subject to the DTAA between India and that country.

Abhishek Dugar
CA, Mumbai
3576 Answers
183 Consultations

Hi

FIFO methodology needs to be used and capital gains are not dependent on whether the funds are transferred to bank account or not.

It becomes applicaple at the point of sale.

Regards,

Nikhil

Nikhil Khanna
CA, Mumbai
1429 Answers
19 Consultations

To your second question - yes, STCG can be adjusted with STCL and you will need to pay taxes only on the net amount.

Even if the profits are earned outside India, you will be liable to pay taxes in India if your residential status is Resident in India.

Nikhil Khanna
CA, Mumbai
1429 Answers
19 Consultations

Hello,

I assume that your earlier query has been resolved and hence only answering the last one.

Yes, it will be taxed in India, Since you are resident in India your entire global income will be taxed in India.

Trust this clarifies your query.

Feel free to call / get back in case of further clarifications.

Thanking You.

Regards,

Rohit R Sharma

BCOM, FCA, LLB, CERT. FAFP

Rohit R Sharma
CA, Mumbai
2104 Answers
95 Consultations

Hi,

Since you are an Indian resident as per the Indian Income Tax Act, your entire global income shall be subject to tax in India.

Regards,

Keerthiga Padmanabhan

M.Com., CA, LL.B

Keerthiga Padmanabhan
CA, Greater Mumbai
784 Answers
27 Consultations

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