Payments received in cryptocurrencies set to face GST complications

economictimes.indiatimes.com:

India and were paid in cryptocurrencies are rushing to their tax advisors seeking clarity over applicability of the goods and services tax (GST). Many individuals have claimed that they got paid in cryptocurrency after they did some work such as graphic designing or advisory for clients based in the US or Singapore. The question is whether this is supply of services or an export, and what is the GST applicable on it.

After this year's government announcement of taxing crypto assets, many individuals have disclosed their income from cryptocurrencies and claimed that this was payment for some work they did during the year. While the direct tax rules are simple and 30% tax will be applicable on these, a new complication in the form of GST has emerged, say tax experts. How much GST is applicable on these transactions or for that matter whether these transactions can be considered above board is still unclear.

“Receipt of consideration in the form of cryptocurrencies may not be equivalent to receipt of money in convertible foreign exchange and hence any export benefit by the Indian exporter would have a direct impact. The RBI guidelines had earlier equated even receipt of money in Indian rupee to be equivalent to the foreign exchange and it will need to be seen how clarification addresses the issue,” said Abhishek A Rastogi, partner at law firm Khaitan and Co. Take the example of a New Delhi-based resident who has approached his tax advisor and claimed that he provided graphic designing services to a company based in Singapore.

He claimed that the company paid Rs 75 lakh for several assignments during the year in cryptocurrencies. The tax experts are now in a dilemma. “There is no clarity on GST rate applicable as the