The government is mulling changes in the income tax laws to bring cryptocurrencies under the tax net, with some changes that could form part of the budget next year, a top official said.

Revenue secretary Tarun Bajaj said in terms of income tax, some people are already paying capital gains tax on the income from cryptocurrency, and in respect of Goods and Services Tax (GST) also the law is “very clear” that the rate would be applicable as those in case of other services.

“We will take a call. I understand that already people are paying taxes on it. Now that it has really grown a lot, we will see whether we can actually bring in some changes in law position or not. But that would be a budget activity. We are already nearing the budget, we have to look at that point of time,” Bajaj told PTI in an interview.

Asked if a provision of TCS (tax collected at source) could be introduced for crypto trading, the secretary said “if we come up with a new law then we will see what is to be done”.

“But yes, if you make money you have to pay taxes... We have already got some taxes, some have treated it as an asset and paid capital gains tax on it,” he said.

Asked whether people involved in cryptocurrency trading would be categorised as facilitator, brokerage and trading platform and how the taxation would be done under GST, Bajaj said “there would be such things available in other services also. So whatever GST rate they are taxed at, that will be applicable on them”.

“They have to get themselves registered. The GST law is very clear. If there is an activity, if there is a broker who is helping people and charging brokerage fee, GST would get charged,” he said.