Is it legal to buy cryptocurrency in USA and sell in India?

Hello,
As there are some arbitrage in cryptocurrency exchanges in USA and INDIA , is it legal to send USD to friend in USA and let her  buy bitcoin over there and tell her to send those bitcoin to your wallet and later on sell these bitcoins in India?
Scenario is ,
Lets say I transfer 100$ to her US bank account. She buys bitcoin in US crypto exchange and transfer those bitcoins to my wallet. I encash those bitcoins and lets say I get  INR equivalent to 105 $ . Then
1. Do I have to pay tax on 105$ or the 5$ earned?

2. And how I can link my  100$ transfer to my friend and 105$ gained by selling bitcoin?
3. If above scenario is possible then what are the documents I will need to support it ?
Asked 6 months ago in Income Tax from Pune, Maharashtra
Hi,

Firstly, let me make it clear that trading in Bitcoin is not totally legal in India. RBI has issued a circular saying that who all are trading in crypto currency is doing at their own risk.

From income tax perspective, you need to pay tax on the profit you make out of trading of bitcoin (i.e. USD 5 in above example).
Abhishek Dugar
CA, Mumbai
2754 Answers
5.0 on 5.0
  Talk to Abhishek Dugar
Hi,

Indian Government has not yet issued any circular about bitcoins, so as of now it is neither legal nor illegal. Either ways you will have to pay 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
2089 Answers
5.0 on 5.0
  Talk to Rohit R Sharma
Hi,

You will pay tax on $5 and not on the entire $105. There are no laws in India regulating the sale and purchase of bitcoins. So there is nothing illegal in trading in bitcoins as of now.


Regards,
Keerthiga Padmanabhan
M.Com., CA, LL.B
Keerthiga Padmanabhan
CA, Greater Mumbai
784 Answers
5.0 on 5.0
  Talk to Keerthiga Padmanabhan
Hi

Essentially, entire bitcoin trading is illegal in India since it is not approved by RBI. RBI has warned investors to deal at their own risk.

Best to be done is to pay capital gains on such transactions.
Lakshita Bhandari
CA, Mumbai
1262 Answers
5.0 on 5.0
  Talk to Lakshita Bhandari

Ask a Question

Get tax advice from top-rated chartered accountants. It's quick, easy, and anonymous!
Ask a question

Other Questions

Chartered Accountants

Vivek Kumar Arora
CA, Delhi
672 Answers
5.0 on 5.0
Nikhil Khanna
CA, Mumbai
541 Answers
5.0 on 5.0
Abhishek Dugar
CA, Mumbai
2754 Answers
5.0 on 5.0
Lakshita Bhandari
CA, Mumbai
1262 Answers
5.0 on 5.0
Swati Agrawal
CA, Indore
226 Answers
5.0 on 5.0
Sunny Thakral
CA, Delhi
224 Answers
5.0 on 5.0
Rohit R Sharma
CA, Mumbai
2089 Answers
5.0 on 5.0
Damini Agarwal
CA, Bengaluru
135 Answers
5.0 on 5.0
Lalit Bansal
CA, Delhi
502 Answers
5.0 on 5.0
Vishakha Agarwal
CA, Bangalore
431 Answers
5.0 on 5.0