Rules by country · India

India crypto tax: 30% tax and 1% TDS explained

Laws change. This is a plain-English summary for learning, checked against official sources on October 23, 2026. It is not legal or tax advice; check the official source or a licensed professional before acting.

The rules in five lines

  1. 30% flat tax on income from transferring VDAs (old Act section 115BBH, from April 1, 2022). Your income slab does not matter.
  2. Only cost of acquisition can be deducted. No deduction for fees, internet or other expenses.
  3. No loss set-off: a loss on one VDA cannot reduce a gain on another or any other income, and cannot be carried forward.
  4. 1% TDS on payment for a VDA transfer (old section 194S), above thresholds. Indian exchanges usually deduct it; it shows in your Form 26AS/AIS and counts toward your tax.
  5. Gifts of VDAs can be taxable for the receiver above limits, except from relatives.

What changed in 2026

The Income-tax Act, 2025 replaces the 1961 Act from April 1, 2026, and section numbers change. Check the new section references on the Income Tax Department site before filing.

Exchanges and FIU-IND

Since March 2023, VDA service providers fall under India’s anti-money-laundering law (PMLA) and must register with the Financial Intelligence Unit (FIU-IND). Offshore exchanges that serve Indian users without registering have faced action. Using a registered exchange keeps TDS records clean.

The digital rupee (e₹) is RBI money, not a VDA.

A worked example (illustrative numbers only)

You buy a VDA for ₹10,000 and later sell for ₹14,000. Gain = ₹4,000. Tax at 30% = ₹1,200, plus surcharge and 4% cess. 1% TDS of ₹140 was deducted at sale and is credited against that tax. A ₹3,000 loss on another coin cannot be used to reduce the ₹4,000.

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Common questions

Can I offset crypto losses in India?

No. VDA losses cannot be set off against any income or carried forward.

Is 1% TDS an extra tax?

No. It is collected in advance and credited against your final tax.

Is crypto legal in India?

Owning and trading is not banned; it is taxed and exchanges must register with FIU-IND. It is not legal tender.

Sources

  1. Income Tax Department, Government of India
  2. Financial Intelligence Unit – India
  3. Union Budget documents (Finance Act 2022)
  4. Reserve Bank of India

Sources checked October 23, 2026. Rules change; check the official source before acting.

Education only. Not investment, tax or legal advice. We do not pick coins.