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Question & Answer


M

Manu Mewari

30 Jan 2018

Hello, I had purchased a flat in July 2012 for 35 lakh rupees (plus approx 2 lakhs for stamp duty & registry). I had sold the flat in september 2017 for 49 lakh rupees. Do i have to invest whole profit in another property? Could you tell me if i do not want to buy a new property, how much tax i would have to pay as long term capital gain tax?

Replies (1)                          

CA Rahul Khatuwala       1 Feb 2018

1) You have to invest the gain amount (49-35 = 14)
2) Approx tax amount : 2.8 Lakhs

Full calculation can be shared on consultation !

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P

Prashanth Lalan

25 Jan 2018

What are the procedures to repatriate funds from an NRO Account to a Foreign Bank specifically when such funds are derived from a short term bitcoin trade in an Indian cryptocurrency exchange?

Replies (1)                          

CA Rahul Khatuwala       27 Jan 2018

Crypto currency trading income or sale proceeds is not recognized by RBI and FEMA till now.There is a committee formed by government to understand crypto currency post which a new law will be formed. So i believe that the procedure to repatriate money is not yet formed.

You may have to pay STCG tax if currency holding was less than a year.

However you may check with your bank if they are allowing to repatriate crypto income from NRO A/c.

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16 Jan 2018

I am an Indian individual, selling online courses on Udemy, a USA based online learning company. I am planning to receive my monthly earnings from Udemy.com (in Dollars) to my Paypal account. The Paypal will convert $ to INR and send the money to my local bank account in INR.

My question is:-

1) Do I need to receive the fund from PayPal to the Current account or Savings account will work?

2) Whether the income earned from Abroad (USA - Udemy) is taxable in India?

3) Whatever money I receive in my Indian Bank account, Do I need to pay tax on it to the Indian Government?

4) I am just an Individual person and working alone from home, then whether it is considered as a business or a freelancing work?

Please answer question wise, one by one.

Thanks & Regards

Replies (2)                          

CA Rahul Khatuwala       27 Jan 2018

1) Current account
2) Yes
3) Yes
4) Freelancing work

    19 Mar 2018

Thank You Sir

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R

Rahul Alapati

29 Dec 2017

Dear sir,
I am an NRI. I do not have much taxable income in India. I have some NRI FDs and savings account interest and investment in the stock market as a long-term investor. Till now I didn't get the need to file income tax returns. I thought of selling some stocks which were held by me for more than a year. Do I need to pay any tax on the profits and do I need to file returns? I prefer not to file returns at this juncture but continue to book profits and reinvest. Am I answerable to any queries from the tax department in future?

Replies (1)                          

CA Rahul Khatuwala       8 Jan 2018

NRIs can invest in Indian Markets subject to restrictions, further the investment has to be done only via a NRE account and with a Portfolio Investment scheme.

1) Stock holding more than a year: No Tax
Less than a year: 15 % flat (Broker will deduct TDS and pay)
2) IT returns not required if NRIs have only share trading Income

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P

Pulkit Shukla

22 Dec 2017

Hi,
I have been trading in cryptocurrencies like Bitcoin, Ethereum, etc on foreign exchanges. I read it somewhere this is a violation of FEMA Act, is it true?

Replies (2)                          

CA Rahul Khatuwala       15 Jan 2018

Can be true cannot be true!

As of now even the government is not clear. They have to first decide what is cryptocurrency's: whether it is a currency or an investment or will be treated as goods/services.

For example: if it is treated as investment then person dealing in that has to pay capital gain tax. if it is treated as goods/services then have to pay GST

In your case: Trading in foreign exchange: if they say yes it is a currency then it will be violation of FEMA

To conclude: Let the government decide the nature of transaction, only then the violation of law can be decided. Also till date there is direct law on cryptocurrencies in India.

CA Rahul Khatuwala       15 Jan 2018

*no direct law on cryptocurrencies in India.

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