Since 2019, the guidelines on how to calculate crypto-related capital gains has become clearer. In practice there are three ways that you could calculate your capital gains and they can make a big difference on the amount you are taxed. Crypto capital gains Voicing the concern shared by a significant part of the crypto industry, Chandrasekera decried the proposal as “ridiculous,” and explained that the levy introduces uncredited pre-payment credits which can offset the actual capital gains tax that gets triggered once a taxpayer disposes of the assets, and realizes their gains in the future.
The reason for this is because of how many of us view crypto currency. We don’t often think of it like we do more traditional investments (i.e., stock). Much of this is because you generally can’t use pieces of your stock portfolio to buy things online. Whereas that’s exactly what you can do with crypto. Additionally, if you have some complexity with your basis, you could have a real tax issue. Let’s walk through a scenario. How to calculate tax on your crypto assets from this year? Crypto and NFTs were categorized as "Virtual Digital Assets" and Section 2(47A) was added to the Income Tax Act to define this term. The definition, is quite detailed but mainly includes any information, code, number or token (not Indian or foreign fiat currency), generated through cryptographic means. In simple words, VDAs mean all types of crypto assets, including NFTs, tokens, and cryptocurrencies but it will not include gift cards or vouchers.
Both are subject to the capital gains tax. If you hold anything that's considered property for under a year, it's taxed at ordinary income tax rates. If it's held for longer, it generally qualifies for lower long-term capital gains tax rates. Is converting crypto a taxable event? If you owned your cryptocurrency for less than a year before exchanging it or using it for your own payments, you will have to report short-term gains or losses. If the holding period was more than a year, then long-term capital gains tax rules, and lower capital gains tax rates, apply. The good news is that you can deduct cryptocurrency capital losses against other realized capital gains, just as you can for other types of investments.
If the seller holds the crypto for 366 days or more, their financial result is long-term. Short-term capital gains and losses emerge when the holding period does not exceed 365 days. Short term vs long term capital gains In order to determine the capital gains and losses referred to in paragraph 1 above, taxpayers may redetermine the value of crypto-assets held as of 1 January 2023 by paying a substitute income tax of 14% (instead of quantifying the capital gains and losses taking into consideration the cost or purchase value of the crypto-assets). The optional regime can cover each type of crypto-assets, and the taxable base of the substitute tax is represented by the “normal value” of the crypto-assets as of 1 January 2023. The capital losses resulting from the application of this exceptional regime cannot be used to off-set the capital gains in accordance with the regime summarised in the paragraphs above.
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