Saturday, February 12, 2022

Are we liberal enough to allow crypto currencies? Mint 11th February 2022

 

The Union budget for 2022-23 has evoked different reactions from various sections. One can detect optimism among corporates, a fatalistic sense of resignation in the middle-class, and perhaps raised eyebrows among lower income groups. But the smug expressions visible in various TV debates were sported mostly by crypto dealers, who were clear winners at the end of the day. There have been off-the- record clarifications made to the effect that merely making crypto gains taxable does not confer legitimacy on crypto tokens. This is rather peculiar, because governments cannot levy taxes on illegitimate activity. But crypto exchanges and dealers appear to have taken the crypto tax announcement to mean that their business is now safe.

The declaration that there will be a central bank digital currency (CBDC) issued by the Reserve Bank of India (RBI) has been taken as a further sign of crypto legitimacy: If RBI is doing it, then there can be nothing wrong. But there is a big difference. Our CBDC will be an e-rupee and thus a substitute for paper currency, and it cannot be traded as its value is what is on the paper or in the account. This is not so for crypto coins. The two cannot be likened. The temptation of CBDCs across the world is ostensibly to leverage blockchain technology. Here, technology seems to be an end and not the means, which deserves more deliberation.

Giving some kind of legitimacy to crypto trading raises some serious questions for regulators. First, do we know whether all the trades that are taking place in cryptos are dealing with actual cryptos, or is it a case of these exchanges mimicking what happens overseas? There is a distinction.

If the dealing is in actual cryptos, then RBI should ask whether there have been violations of India’s Foreign Exchange Management Act, as one is not allowed to use forex for speculative purposes. Payments for most cryptos have to be made in foreign currency, originally, and only after possession can they be sold domestically in rupees. But the origin must have a forex link which may not be accounted for. Even derivatives dealings are not permitted in overseas markets. Crypto buyers could argue that cryptos are not specifically banned while making use of forex under our Liberalized Exchange Rate Management System, and hence nothing wrong was done. Still, RBI should clarify this.

If on the other hand this is about mirrored trading, which is analogous to what is called “dabba trading" in our stock and commodity markets that is banned, then there would be no forex violation. This is like watching a stock-market terminal and trading separately without any trail being left and gains and losses being netted off. But that is not permitted. In fact, some crypto dealers have boldly declared in the media that the 30% tax will only drive transactions underground. Now that is not a good sign for RBI or Securities and Exchange Board of India.

The curious thing about such trades is that even in the NDF (non-deliverable forwards) market that is based overseas and used for hedging and speculation, no currency actually gets exchanged, but only the net gains and losses change hands.

The financial system has gotten complex with all kinds of financial engineering going on.

Another issue is the origin of the crypto tokens being traded in India. How can we be sure that purchases were not made from drug dealers or mafia groups residing overseas? There are strong rules against smuggling and hence these issues will trouble regulators once legitimacy is given.

The third is an ideological issue. If we allow trading in cryptos, it would be similar to trading in fiction. In we go ahead, there would be a case for making gambling of all sorts legal and letting casinos open across the country. There are lots of people who would like to try their chances in casinos and would be willing to pay 30% tax on their gains.

This is no different from crypto trading. Both are driven by chance and the chips in use have no underlying value. If cryptos are allowed and so is Dream11 (for online gaming), then even casinos must be permitted. This could also rake in good tax revenues for local authorities. Note that for every trade on any exchange, there is an exchange of a share certificate or commodity or currency. But here, there is no such back-end. As with a roulette table, crypto trading cannot distort any real market, which makes it alluring.

The indirect acceptance of crypto trading is definitely a bid odd, as regulators are still working on the same. As crypto dealers have argued, just like people should not trade in equities without knowing the equity market, the same holds for cryptos. Customer protection, therefore, should not be incumbent upon regulators. As an extension, one can ask whether trading in fiction is comparable to trading in a commodity, stock or debt. If it is like none of these, existing exchanges should be allowed to deal in cryptos, since these tokens have no underlying value and their clearing and settlement is an easier process. Commodity exchanges should be permitted such trading, as their scope has already been restricted with regular bans being imposed.

This may be a good time to reflect on what should be permitted and what not. If we are liberal-minded and follow a more open moral code, then everything goes. And if this is broadly the approach we take, hold your breath, why not also allow sex-work and tax such income? Germany and others do it.


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