Shriharsha Konda

Category: Taxes and Finance

  • Crypto from India: High Taxes, No ETFs, and Too Many Risks

    Cryptocurrencies promise high returns and borderless finance, but for Indian investors, the journey is especially fraught with hurdles. From regulatory uncertainty and security threats to the sheer complexity of managing digital assets, “getting into crypto” can feel more like navigating a minefield than an exciting opportunity. In this post, we’ll explore why investing in crypto from India is difficult and risky, and then examine the two main workarounds—direct investment in crypto assets, or exposure via U.S. markets—and why even these “safer” paths come with their headaches.

    Core Challenges for Indian Crypto Investors

    1. Regulatory Uncertainty

    • No Clear Legal Status: Cryptocurrency is neither banned nor formally regulated as a security or currency. The Reserve Bank of India (RBI) has issued cautionary notices, and Parliament has discussed stringent laws, but nothing concrete has emerged.
    • Taxation Confusion: Since FY2022–23, crypto gains are taxed at 30%, with 1% TDS on every transaction—even losses aren’t deductible against other income. This punitive regime was introduced abruptly, leaving investors scrambling to comply.

    2. Security Risks & Hacks

    • Exchange Breaches: Several Indian and global exchanges have suffered hacks, resulting in millions of dollars of user funds being stolen.
    • Phishing & Scams: Sophisticated phishing campaigns target Indian investors, often via WhatsApp or fake “exchange” websites.
    • Irreversible Transactions: Crypto transactions are final—once funds leave your wallet, there’s no chargeback or insurance.

    3. No Local ETF or Mutual-Fund Options

    • Unlike equities or gold, there’s no regulated crypto ETF or mutual fund in India. Retail investors must go it alone or look abroad for structured products.

    Option A: Direct Crypto Investment

    Buying crypto in exchange and managing your own wallet is the most straightforward but risky path.

    1. Pros

    • Full Control over your assets and the ability to interact with DeFi protocols, NFTs, staking, etc.

    2. Cons & Headaches

    1. Multiple Blockchains
      • Bitcoin, Ethereum, BNB Chain, Solana, Polygon… each with its own wallet software, key-management scheme, network fees, upgrade mechanisms, and security pitfalls.
    2. Wallet Management
      • You must safely store seed phrases/private keys (ideally offline). One slip-up and your funds are gone.
      • Hardware wallets add security but have a learning curve and cost.
    3. Exchange-KYC & Withdrawal Limits
      • Indian exchanges impose KYC, limit withdrawals per day, and can freeze accounts pending RBI guidance.
    4. Tax Reporting
      • You must track every buy, sell, swap, NFT trade, and staking reward—calculate gains at 30% slab, plus 1% TDS on each trade.
    5. Phishing & Social-Engineering
      • Scammers impersonating support teams or sending malicious links are rampant.

    Option B: Indirect Exposure via U.S. Stock Market

    Some Indian investors are turning to the U.S. stock market to gain crypto exposure without directly buying tokens. This approach has become more viable recently, especially with the approval of spot Bitcoin and Ethereum ETFs in the U.S.

    1. Pros

    • Regulated Exposure: U.S. spot ETFs for Bitcoin (e.g., iShares IBIT, Fidelity FBTC) and Ethereum (approved recently) allow you to invest in crypto assets through traditional brokerage accounts.
    • No Wallets or Keys: You don’t need to manage seed phrases or navigate blockchain interfaces.
    • Simpler Taxation: Gains from U.S. ETFs/stocks fall under the capital gains regime and avoid the 1% TDS chaos of Indian crypto taxation.

    2. Cons & Workarounds

    1. Limited to BTC and ETH
      • Currently, only Bitcoin and Ethereum have spot ETFs. There’s no exposure to other tokens like Solana, Avalanche, or DeFi coins.
      • If your thesis involves altcoins or broader blockchain use cases, ETFs won’t provide that coverage.
    2. Remittance & RBI Compliance
      • You need to remit USD abroad under the Liberalised Remittance Scheme (LRS), which is capped at $250,000 per financial year per person.
      • The process involves Form A2, PAN verification, and often bank-level scrutiny.
    3. Foreign Brokerage Setup
      • To invest in U.S. ETFs, you’ll need to open an overseas trading account (e.g., via Vested, INDmoney, or directly with international brokers like Interactive Brokers).
      • This requires additional KYC, account funding steps, and periodic compliance declarations (FATCA, etc.).
    4. Currency Risk
      • Returns in INR can be affected by USD/INR fluctuations, so even if your ETF gains in dollars, you might lose out due to a stronger rupee.
    5. Tax Reporting
      • You’ll need to handle foreign income reporting and possibly file Form 67 to claim foreign tax credits under the India-U.S. DTAA (Double Tax Avoidance Agreement).

    Conclusion & Takeaways

    Investing in crypto from India is far from plug-and-play. Direct investment offers autonomy but demands technical expertise, bullet-proof security practices, and an accountant on standby. Indirect exposure through U.S. markets reduces some crypto-specific risks but introduces foreign-remittance caps, compliance red tape, and currency swings.

    For “normies”—those without a dedicated crypto background or legal/tax advisors—the path forward requires:

    • Meticulous record-keeping (trades, wallets, airdrops)
    • Robust security hygiene (hardware wallets, phishing awareness)
    • A clear remittance and tax strategy (using LRS, availing Double-Taxation Relief where possible)

    Until Indian regulators provide clearer frameworks, such as regulated ETFs or custodial services, crypto investing will remain a demanding, high-friction endeavour for retail investors. But with the right preparation, it’s still possible to participate—if you go in eyes wide open.

    Navigated the hurdles and finally dove into direct crypto investing?

    I’ve built a simple app where you can check your current portfolio value on the Solana blockchain—just enter your wallet’s public key.

    Give it a try and let me know what you think!

  • From Salary to Contract: Section 44ADA Simplified

    Freelancing and long-term contract work have become more popular than ever, offering flexibility and autonomy that traditional jobs often lack.

    However, many people worry that filing taxes as a freelancer or contract worker is complicated, when in fact, it can be just as straightforward as the process for salaried individuals, especially with the right approach.

    Enter Section 44ADA of the Income Tax Act: a simplified, presumptive taxation scheme designed specifically for certain professionals, including many freelancers and contract-based workers. In this post, we’ll explore how Section 44ADA can help self-employed individuals streamline their tax calculations, minimise paperwork, and ultimately save money.

    What Is Section 44ADA?

    Section 44ADA was introduced to ease the tax burden for professionals by allowing them to declare a fixed percentage of their income as profit, without maintaining detailed books of accounts.

    Key Benefits of Section 44ADA

    1. Simplified Tax Filing
      Declare 50% of your gross receipts as taxable income. For example, if you earn ₹20 lakhs, you report ₹10 lakhs as your taxable income—no need to track individual expenses.
    2. No Books of Accounts Required
      You’re exempt from maintaining detailed records of income and expenditure, which is a major relief for solo professionals.
    3. No Audit Obligation
      As long as your total receipts are under ₹75 lakhs, you are not required to undergo a tax audit.
    4. Tax Efficiency
      Especially beneficial for freelancers with low operating costs, 44ADA can reduce your tax liability significantly compared to the regular regime.

    Important GST Considerations for Freelancers

    Section 44ADA simplifies income tax, but GST compliance is a separate obligation. Here’s what freelancers need to know:

    GST Registration

    • Mandatory if your gross revenue exceeds ₹20 lakhs/year (₹10 lakhs in special category states), including both domestic and export clients.

    Charging GST

    • Domestic Clients (India): You must charge 18% GST on invoices.
    • International Clients: These qualify as export of services and are zero-rated, meaning you don’t charge GST if you submit a Letter of Undertaking (LUT).

    Letter of Undertaking (LUT)

    • Allows export of services without paying GST upfront.
    • Must be submitted annually via the GST portal.
    • Without it, you’ll need to pay GST and claim a refund later.

    Filing Returns

    Even if no GST is collected:

    • GSTR-1 (invoice-wise outward supply report)
    • GSTR-3B (monthly or quarterly summary)
    ScenarioCharge GST?LUT Required?File Returns?
    Indian clients✅❌✅
    International clients❌✅ ✅

    Who Should Use Section 44ADA?

    Freelancers in software development, digital marketing, consulting, writing, and other low-overhead professions benefit the most. If your actual business expenses are well below 50% of your income, 44ADA can save you money and reduce complexity.

    Disadvantages of Moving from Salary to Contract?

    While freelancing and contract work offer greater flexibility and potential tax advantages under Section 44ADA, there are some trade-offs to consider:

    1. No Employer Benefits

    As a contract worker, you typically forgo benefits like:

    • Provident Fund (PF)
    • Paternity/Maternity Leave
    • Gratuity
    • Paid leave and sick days

    These hidden components can add 10–20% to your total compensation in a salaried role.

    2. Difficulty Accessing Loans or Credit

    Banks may consider contractors higher risk. Without a regular salary slip, getting personal loans, credit cards, or even a home loan might be more difficult or come with higher interest rates.

    Final Thoughts

    Section 44ADA is a game-changer for freelancers and independent professionals in India. It simplifies tax filing, eliminates the need for audits and bookkeeping, and can significantly reduce your income tax liability. Pair it with proper GST compliance, and you’ll have a streamlined, hassle-free tax setup.

    Curious how your taxes would compare as a freelancer under Section 44ADA vs. a salaried employee?

    I have built a free Tax Comparator Tool to see the difference instantly. For example, a CTC of 24 LPA using the new tax regime would have an in-hand of 20.8 Lakhs vs 24 Lakhs in the case of 44ADA. So a savings of 3.12 Lakhs

    If you have any questions, feel free to reach out. Having worked in a contractual setup with my current employer for the past four years, I’m well-positioned to offer guidance or point you in the right direction.