Indian law enforcement agencies have demanded $86 million (722 crore Indian rupees) from Binance in unpaid taxes, as part of an investigation into the crypto exchange’s operations in the country. This tax demand, issued by the Directorate General of Goods and Service Tax Intelligence (DGGI), marks the first instance of the Indian government levying a tax on a cryptocurrency exchange.
Background on Binance’s Tax Issues
Binance, along with other offshore crypto exchanges, was banned in India in January 2024 due to noncompliance with local regulations. Despite the ban, Binance expressed its intention to resume operations in India in April, provided it addressed any outstanding tax obligations.
The DGGI's notice to Binance follows an extensive investigation into the exchange’s financial dealings. According to The Times of India, Binance is alleged to have earned approximately Rs 4,000 crore from transaction fees charged to Indian customers. These earnings were reportedly credited to a Binance Group Company, Nest Services Limited, based in Seychelles.
Regulatory and Tax Compliance
Indian tax regulations require all crypto service providers and investors to adhere to a 1% tax deducted at source (TDS) on every crypto transaction, regardless of its amount. Additionally, profits from crypto investments are subject to a 30% tax. While Indian exchanges like WazirX and CoinDCX have adapted their systems to comply with these regulations, offshore exchanges, including Binance, have struggled to enforce these requirements.
Initially, Binance had planned to settle for a $2 million fine for noncompliance and restore its services in India. However, the DGGI’s demand for $86 million aims to recover the fees Binance collected from Indian users during its operational period in the country.
Broader Impact on Offshore Exchanges
Indian authorities are taking a firm stance against offshore crypto exchanges operating without registering under the Indian GST framework. This framework includes tax slabs of 5%, 12%, 18%, and 28%, with additional cess applicable to certain goods and services.
Given the increasing scrutiny, it is anticipated that similar tax demands may be imposed on other foreign crypto exchanges, including Huobi, Kraken, Gate.io, KuCoin, Bitstamp, MEXC Global, Bittrex, and Bitfinex, among others.
Global Tax Challenges for Binance
Beyond India, Binance is also facing legal battles related to tax evasion in other jurisdictions, including Nigeria. The company’s ongoing legal and tax challenges highlight the complex regulatory landscape for global crypto exchanges.
Conclusion
The $86 million tax demand from Indian authorities underscores the growing regulatory pressure on offshore cryptocurrency exchanges. As India continues to enforce its tax regulations and target non-compliant entities, the outcome of Binance’s tax dispute could set a precedent for how other global crypto exchanges manage their tax obligations in the region.
August 2024, Cryptoniteuae