Binance crypto exchange hit with $86 mln tax penalty from India – Why?

    Binance faces $86M tax demand from India for GST liabilities.
    India’s new regulatory move sets a precedent for cryptocurrency firms.

As a seasoned analyst with extensive experience navigating the volatile landscape of global finance and cryptocurrencies, I find this latest development between Binance and India intriguing. The $86M GST demand by DGGI marks a significant milestone for India’s regulatory approach to digital currencies.


As a research analyst, I find myself navigating through the evolving landscape of Binance, the world’s leading cryptocurrency exchange, which currently faces an additional hurdle.

Indian authorities knock on Binance’s door

Sixth of August saw the Indian regulatory body, the Directorate General of Goods and Service Tax Intelligence (DGGI), requesting approximately $86 million from Binance, in relation to potential Goods and Services Tax (GST) obligations.

According to The Times of India, this recent event has added another layer of intricacy to the legal predicament that the company was previously dealing with.

A top source close to development stated, 

“Reports indicate that Binance generated at least 40 billion rupees in revenue from transaction fees paid by Indian users. A thorough examination found that this income was deposited into an account belonging to a Binance Group subsidiary, Nest Services Limited, which is based in the Seychelles.”

For the very first time, a demand of this nature has been made by the DGGI towards a company dealing with cryptocurrencies. This action, in turn, has established a notable precedent, indicating a new direction in how India chooses to regulate its burgeoning digital currency market.

Binance’s relations with India

Based on reports, Binance has been instructed to impose charges for users from India who trade virtual digital assets (VDAs) through their platform. This service is classified as online data and information access services.

Responding to the same, a Binance spokesperson told a publication, 

As a researcher, I’m diligently going over the specifics of the notice we’ve received. I assure you that we are fully complying with the Indian tax authorities in their ongoing investigation.

Essential to note, Binance, along with other offshore cryptocurrency exchanges, will no longer be allowed to function in India as of January 2024, since they have not complied with the Indian tax regulations.

For individuals unaccustomed to Indian tax laws, it’s essential to know that a 1% Tax Deducted at Source (TDS) is applicable for any cryptocurrency transactions, while a 30% income tax is imposed on the earnings derived from cryptocurrency investments.

On-the-ground trading platforms like WazirX and CoinDCX adapted their operations to meet regulatory standards, but offshore entities such as Binance chose not to do so.

As a crypto investor, I’ve faced a temporary withdrawal from Binance in the Indian market due to certain issues. However, I remain optimistic as Binance has publicly pledged to return to India by April. They aim to restart their operations once they have addressed and resolved the outstanding tax-related matters.

The crypto exchange initially sought to address the issue with a $2 million fine.

Instead, they were hit with a supplementary fine of $86 million to recoup the transaction fees they earned from their Indian clientele during their past activities.

India’s crypto ecosystem

During this period, I, as a researcher, have observed that the Indian cryptocurrency exchange, CoinDCX, has established an Investor Protection Fund. This initiative aims to safeguard investors from uncommon yet substantial losses, such as those resulting from security breaches.

As a researcher, I embark on this project, backed by approximately $6 million generated directly from our company’s earnings. The goal of this venture is to reinforce and ensure the security of our users.

Notably, after a significant cyber attack on WazirX, approximately $230 million, equivalent to 45% of the funds stored in one wallet, were taken.

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2024-08-07 14:48