Crypto Taxation in India: 10 Key Rules Investors Must Know About 30% Tax, 1% TDS, No Loss Set-Off and ITR Reporting
Crypto taxation in India has become a major compliance issue as more investors trade Bitcoin, Ethereum, stablecoins, NFTs and other digital assets. Under Indian tax law, cryptocurrencies are classified as Virtual Digital Assets (VDAs). They are not recognised as legal tender, but income earned from their transfer is taxable.
The government introduced the current crypto tax framework in the Union Budget 2022. Since then, profits from the sale or transfer of VDAs have been taxed at a flat 30%, along with a 4% health and education cess on the tax amount.
In addition, a 1% Tax Deducted at Source (TDS) applies on VDA transfers once the total transaction value crosses the prescribed threshold. For individuals and HUFs, the threshold is Rs. 50,000 in a financial year, while for others it is Rs. 10,000.
Here are key things an investor should know:
1.Crypto Gains Are Taxed at 30%
Any profit made from selling or transferring crypto is taxed at 30%. For example, if an investor buys Bitcoin for Rs. 2 lakh and sells it for Rs. 5 lakh, the taxable gain is Rs. 3 lakh. Tax will be calculated at 30% on this gain, excluding cess.
2. Holding Period Does Not Matter
Unlike listed shares, crypto taxation does not separate short-term and long-term gains. Whether crypto is held for one day or several years, gains from transfer are taxed at the same 30% rate.
3. Only Cost of Acquisition Is Deductible
Investors cannot claim deductions for expenses such as platform fees, internet costs, advisory charges or mining-related expenses while calculating taxable crypto gains. Only the cost of acquisition is allowed as a deduction.
4. Crypto-to-Crypto Trades Are Taxable
Many investors wrongly assume that tax applies only when crypto is converted into Indian rupees. However, swapping one cryptocurrency for another is also treated as a taxable event.
5. Losses Cannot Be Set Off
One of the strictest rules is that losses from one VDA cannot be adjusted against gains from another VDA. Crypto losses also cannot be set off against salary, business income, capital gains or any other income. They cannot be carried forward to future years either.
6. Gifts, Airdrops and Mining Rewards May Be Taxable
Crypto received as gifts, airdrops, staking income or mining rewards may be taxed under “Income From Other Sources,” depending on the nature of receipt. If crypto gifts exceed Rs. 50,000 in a financial year, they may be taxable unless received from specified relatives or on exempt occasions such as marriage.
7. Correct ITR Form Matters
Ashish Niraj, partner, ASN & Company, Chartered Accountants, said the reporting category depends on the nature of activity. “If you trade in VDAs regularly, then you should show the income as ‘Income from Profit and Gains from Business’. If you hold it as investments, then you should report it as ‘Income from Capital Gains’.”
Generally, investors may use ITR-2 if crypto is reported as capital gains and there is no business income. Frequent traders may need to use ITR-3 if crypto activity is treated as business income.
8. P2P Traders Must Track TDS Carefully
When crypto is traded through Indian exchanges, the platform usually deducts TDS. However, in peer-to-peer transactions, the buyer may be responsible for deducting and depositing TDS under applicable rules. Missing this can lead to penalties and compliance issues.
9. Netting Gains and Losses Is a Common Mistake
Niraj said, “Sometimes investors net off gains and losses from different crypto transactions and report a net figure, which is wrong. Tax is calculated on individual profit and not on net gain.”
This means investors must calculate taxable gains transaction by transaction rather than reporting only the final net amount.
10. Proper Records Are Essential
Investors should maintain exchange statements, wallet histories, transaction dates, cost basis records, TDS details and proof of transfers. This becomes especially important for investors using multiple exchanges, wallets, DeFi platforms or P2P trades.
Also Read: ITR Filing 2026: Crypto and Foreign Stock Investors Face Stricter Tax Reporting Rules in India
Conclusion
Crypto taxation in India is strict and leaves little room for casual reporting. The 30% tax rate, 1% TDS, no-loss set-off rule and detailed reporting requirements make compliance essential. Whether an investor is a casual holder or an active trader, accurate record-keeping and correct ITR reporting are necessary to avoid notices, penalties and interest.
Disclaimer : Crypto News India does not recommend that any cryptocurrency should be bought, sold, or held by you. Do conduct your own due diligence and consult your financial advisor before making any investment decisions.
