Expert View: Bitcoin is getting to be the Big Coin

Bitcoin is getting to be the Big Coin. Its value is skyrocketing, and many are buying into it. The Bitcoin is virtually spinning out into a parallel money market. But what is Bitcoin, what is the attraction, and what are the dangers? Here is a glimpse into the phenomenon of the Bitcoin

Unlike the regular tax desk which is manned by a tax officer whose job is to levy tax on you, this desk is manned by a non-serving tax officer who wishes to share his experience of 35 years in the tax department, while, discussing tax provisions. It is advantageous to know how the tax department thinks and acts when, as said by Benjamin Franklin, “In this world nothing is certain except death and taxes”

These days ‘Bitcoin’ is the talk of the monetary market. People are betting on its value which has skyrocketed in recent months. Bitcoin is turning into a Big Coin. However, there is also a section of experts who consider it a bubble which can burst any time. The value of one Bitcoin has gone up to US $14,000 which approximates to ` 9 lakh. This means that for 10 Bitcoins one can purchase a luxurious Mercedes Benz car or BMW car. Just about eight years back when the value of the Bitcoin was being tested for the first time, it was found that 10,000 Bitcoins could purchase one pizza. The sharp rise in the value of the Bitcoin in such a short time is mind-boggling and beyond reasonable comprehension. It is being heard that world over people are mortgaging their properties to have a taste of the Bitcoin pie while blaming their luck for having missed the early ride in the Bitcoin cart.

What is Bitcoin?

What is Bitcoin? It is a cryptocurrency with a worldwide payment system. It is the first decentralised digital currency, as the system works without a central bank or a single administrator. The network is peer-to-peer and transactions take place between users directly through the use of cryptography without any intermediary. These transactions are verified by network nodes and recorded in an immutable public-distributed ledger, called a blockchain. The Bitcoin was invented by an unknown person or group of people under the name of Satoshi Nakamoto and the same was released as open-source software in 2009. The process of creating Bitcoins is called mining. They can be exchanged for other currencies, products and services. In 2010, Nakamoto handed the network alert key and control of the Bitcoin core repository over to Gavin Anderson, who later became the lead developer at the Bitcoin Foundation. Nakamoto subsequently disappeared from any involvement in Bitcoin. Decentralisation of the system was done by Anderson.

Bitcoin is pseudonymous, meaning that funds are not tied to real-world entities but rather to Bitcoin addresses. Owners of Bitcoin addresses are not explicitly identified, but all transactions in the blockchain are public. In addition, transactions can be linked to individuals and companies through ‘Idioms of Use’. Bitcoin exchanges where Bitcoins are traded for traditional currencies may be required by law to collect personal information. The system permits having a new Bitcoin address for each transaction and this ensures financial privacy.

Unlike paper currencies, Bitcoins cannot be minted. They can only be mined. There are only 21 billion Bitcoins that have been created. At present only 16.8 million or 80% of all the Bitcoins have been mined. Bitcoins can be bought from various digital currency exchanges such as Uncoin, Zebpay, coinbase.com, coindesk.com, etc. These can be purchased by the use of credit cards or debit cards. Bitcoin is a digital asset without any earmarked value attached to it as is the case of normal currencies world over where the central bank of the country attaches a fixed value to each currency. The value of Bitcoin is determined by the demand and supply in normal trade. The owner of Bitcoin cannot go to any central authority in case of any loss or any attached problem as it is not regulated by any authority.

Is Bitcoin legal? There is no clarity on this issue. The Government of India or the RBI has not pronounced any strict law banning it as illegal. No such law has been made in other countries either. However, the RBI has cautioned people investing in Bitcoin. Similar caution has been articulated by SEBI also. A PIL has been filed before the Supreme Court and the apex court has asked for the response from the government. Similar warnings of caution have also been issued in other countries as well. Despite RBI’s caution, Bitcoin exchange Zebpay is adding 2,500 users a day. Recently, US SEC has issued a strict warning to Bitcoin investors to be cautious, but despite all these warnings, the Bitcoin market cap has gone up to US $200 billion. According to Bit infor, a website tracking Bitcoin price and ownership data, there are 10 ‘Digital Wallets’ holding more than $1-billion-worth Bitcoins. However, it has not revealed where in the world these wallets are located or whether they are owned by syndicates, organisations or individuals.

Bitcoin income is taxable

As per Indian Income Tax provision, income earned against Bitcoin will be taxable as capital gains or business income, depending on the facts of the case. If the investment in Bitcoin is done in the capacity of investors, the income earned on it will be taxed as capital gains, while if the investment is done as an organised and periodic activity, then it will be taxed as business income. For capital gains purposes if the investment is for less than three years, then the same will be taxable as short-term capital gains and the tax liability will be higher as compared to tax liability in the case of long-term capital gains, when the investment is for three years and above. Like in normal cases, the non-disclosure of assessable income will attract tax on the concealed income along with penalty and in extreme cases, even prosecution. The Income Tax department has recently conducted survey action against Bitcoin exchanges to study the modus operandi of Bitcoin investment and also to identify tax evaders out of identified Bitcoin investors.

‘Is Bitcoin legal? There is no clarity on this issue. The Government of India or the RBI has not pronounced any strict law banning it as illegal. No such law has been made in other countries either’

Why do they love it?

Why is Bitcoin becoming a Big Coin in value despite all the warnings of caution? The short answer can be, because of people’s increasing love for it. The increasing love is based on some intrinsic advantages:

  1. The anonymous nature of it is its biggest attraction. There is an in-built mechanism in the system of Bitcoin that nobody will ever know the identity of the parties in a transaction. The only thing visible will be their wallet address. As per the rules of the country, the identity will be disclosed by a person only when he is encashing the Bitcoin in normal currency.
  2. A likeable attribute of the Bitcoin is payment freedom. There are no intermediaries, no bank holidays, no bank strikes, no boundaries or hoarders and no payment limit.
  3. There is no fee or minimal fees in Bitcoin-based transactions and hence it is more economical.
  4. There are fewer risks for merchants and the same is really liked.
  5. It is much faster compared to banking transactions. It can be as fast as e-mail and it can be processed in a maximum ten minutes.
  6. The central government cannot take it away as it is decentralised, and no one has control over it. The maximum that the government can do is to ban it, but still Bitcoin will have value in those countries where it is not banned. Bitcoin can be encashed in those countries where there is no ban on it.
  7. People cannot steal payment information from merchants as no secret is involved like in the case of credit or debit cards or in the case of online transactions.
  8. It is non-inflationary. In fact, the Bitcoin was created in the aftermath of the financial crisis of 2008 when more currencies were being printed in US and other developed countries in order to pump more money into the system to help to improve the situation, and which had immense inflationary pressure in the market. Bitcoin is independent and aloof from the normal monetary system and so inflation does not get caused by it.
There are perils...

Then why are warnings of caution raised against Bitcoin? The reasons are:

  1. Volatility is its most negative attribute. The swing in its price gives it the status of ‘water bubble’. The variation in price is highly irrational.
  2. The software system behind Bitcoin is still in the process of development. An investor may suffer in future due to the weakness of the system.
  3. Imminent government action and policy may hit it.
  4. There is no scope of recovery or any value, if for a reason the Bitcoin wallet is lost, as there is no undertaking of promise to pay, like in a legal tender.
  5. Bitcoins have become the most preferred ransom sought by cybercriminals, especially those causing ransomware attacks.
  6. Bitcoin has all the negative attributes to become the carrier of unaccounted funds.

There is an urgent need in our country and also the world over to take the issue of Bitcoin more seriously. There may be a way for e-ponzi schemes to be devised by scamsters in the lack of virtual money. There is an urgent need for enacting laws and regulation. There is some confusion as to whether to ban it altogether, or to permit it with rules and regulations. There is one school of thought that says that Bitcoin helps the policy of the government for less physical cash in the economy while the other school is dead against it as it is seen as used by people with black money, and that it is also used in criminal activities. Last but not the least, gullible investors will be the worst victims when the bubble of the Bitcoin bursts.

by S K Jha