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Guide to Crypto Tax in India

Dive into the crypto taxation regime with our comprehensive guide. Gain clarity on regulations, stay compliant and make informed decisions. Your roadmap to hassle-free crypto tax management starts here!


Navigating the world of crypto tax in India involves understanding the implications of holding crypto assets, engaging in trading and complying with the Tax Deducted at Source (TDS) regulations. This comprehensive guide aims to shed light on various aspects of crypto tax in India, covering essential topics such as deductions, income, and the tax implications of crypto transactions.

Did You Know: India has been actively investigating and cracking down on crypto-related cases, particularly those involving money laundering and fraud. The Enforcement Directorate in India has seized over $115 million in connection with money laundering schemes related to cryptocurrency.

Additionally, the agency has seized proceeds of crime amounting to ₹1,144 crore and arrested 20 people in cases related to fraud in cryptocurrency or virtual digital assets. 

Furthermore, a mobile store owner from Maharashtra’s Thane district lost Rs 36 lakh (US$43,953) in a cryptocurrency fraud. The law enforcement authorities of Thane recovered all of his money after the police solved the case and found that a Chinese national was responsible for the wrongdoing.

How much tax do you pay on crypto in India?

Determining the tax liability on crypto transactions in India involves considering factors such as the sale price, type of income (business income or capital gain), and the applicable tax rate. The crypto tax landscape in India is dynamic, with rates subject to change based on regulatory updates. This section provides insights into calculating taxes on crypto transactions, offering clarity on deductions and the overall tax structure.

According to the Union Budget 2022, cryptocurrency gains in India are subject to a flat 30% tax rate, along with any applicable surcharges and a 4% cess. This tax applies to all virtual digital assets, including coins, tokens, and NFTs. Additionally, a 1% TDS (tax deducted at source) applies to the sale of crypto assets of more than Rs 50,000 (or Rs 10,000 in certain cases).

Latest updates on crypto tax in India

Staying informed about the latest updates on crypto tax in India is crucial for taxpayers and traders. The implementation of Tax Deducted at Source (TDS) on certain crypto transactions has been a recent development. This section explores the impact of TDS on cryptocurrencies, covering aspects such as the types of crypto assets affected and the relevance of this taxation method in the evolving crypto landscape.

It is worth mentioning that there have been discussions about lowering the 1% TDS tax to 0.01% to help the government achieve its aims of boosting revenue and improving transparency. 

However, as of now, the tax rate for cryptocurrency gains in India remains at 30%.

It is important for individuals and businesses involved in cryptocurrency activities in India to stay informed about the evolving regulatory landscape and ensure compliance with the established rules and requirements, including tax obligations.

How is crypto taxed in India?

Understanding the tax implications of crypto transactions involves delving into categories such as business income, capital gain, and the role of TDS. Vakilsearch experts can break down the nuances of taxing cryptocurrencies and shed light on how earnings from crypto activities are categorised and taxed. For clear explanations of transactions, deductions and the overall crypto taxation framework request for comprehensive guidance from our taxation experts.

When will you pay 30% tax on crypto in India?

In India, you will pay a 30% tax on crypto at the end of each financial year. This tax applies to profits from the sale, swap, or expenditure of crypto assets, including virtual digital assets such as crypto and NFTs. Additionally, a 1% TDS (tax deducted at source) applies to the sale of crypto assets of more than Rs 50,000 (or Rs 10,000 in certain cases)

It is important to note that if an individual has not filed their Income Tax Return in the last two years and the amount of TDS is INR 50,000 or more in each of these two previous years, then the tax (TDS) to be deducted for crypto-related transactions will be at 5%

How are Cryptocurrency Gifts Taxed in India?

Gifting crypto assets on special occasions requires an understanding of the tax implications involved. This section delves into the taxation of crypto gifts, covering aspects such as the treatment of gifts, relevant occasions, and tax obligations for individuals involved in both giving and receiving crypto gifts in India.

How are gifts of crypto taxed?

In India, gifts of cryptocurrency are taxable for the recipient if the monetary value exceeds INR 50,000 and is received from a non-relative. The recipient of the gift is liable to pay income tax at a flat rate of 30%, plus surcharge and cess.

It is important to note that gifts of cryptocurrency from close family members are tax-free, and gifts under Rs 50,000 from friends and relatives are also tax-free. However, if the value exceeds these thresholds, the recipient is required to pay income tax at the specified rate.

Therefore, it is crucial for individuals in India who receive gifts of cryptocurrency to be aware of the tax implications and ensure compliance with the applicable tax regulations.

How to Calculate Tax on Crypto

Calculating tax on crypto transactions involves adherence to the provisions of the Income Tax Act, considering factors such as crypto gains, deductions, and the applicable tax rate. Vakilsearch experts can provide step-by-step guidance for calculating taxes on crypto and even offer insights into the Income Tax Act’s relevant sections. Our team of IT experts will undertake all practical approaches to reducing your crypto tax liability.


In conclusion, this comprehensive guide serves as a valuable resource for anyone navigating the complex landscape of crypto tax in India. From understanding the basics of crypto assets taxation to exploring the nuances of TDS tax on cryptocurrencies, individuals can leverage this guide to make informed decisions and ensure compliance with existing tax regulations. 

Staying informed and adhering to the evolving regulatory landscape is paramount for individuals engaged in crypto activities in India. Get in touch with experts from Vakilsearch to know more!

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