2024 Guide: Crypto Taxation in India – Everything You Need to Know

In India, the taxation of cryptocurrency has been addressed through a recent legislative development. Under the new law passed by the Indian government, earnings from cryptocurrency activities are subject to a flat tax rate of 30%. This rate encompasses not only capital gains derived from trading digital assets but also includes income generated through cryptocurrency mining. Remarkably, this tax rate aligns with that applied to gambling winnings, emphasizing a uniform approach to the taxation of certain speculative and risk-inherent activities. The implications of this taxation framework have far-reaching consequences for individuals engaged in cryptocurrency transactions, necessitating a comprehensive understanding of the tax obligations associated with this evolving financial landscape.

Understanding Tax Deduction at Source (TDS) in Cryptocurrency Transactions

Tax Deduction at Source (TDS) is a crucial component of the taxation framework governing cryptocurrency transactions in India, and it came into effect in July 2022. This entails a 1% deduction at the source of income, applied to the overall 30% tax rate on crypto earnings. Notably, this deduction is implemented at the time of purchase, with centralized exchanges (CEX) assuming the responsibility for deducting the stipulated amount.


While centralized exchanges are mandated to enforce TDS, the application of this rule remains uncertain for decentralized exchanges (DEX). Critics argue that this mechanism poses challenges for the crypto industry in India, potentially causing accounting complexities and stifling growth. Anoush Bhasin, a crypto advisor, highlights concerns in the Economic Times, emphasizing that pairs trading, involving two separate transactions, could result in double taxation for investors—1% on each asset.


In June 2022, the Central Board of Direct Taxes (CBDT) clarified the operational aspects of TDS, placing the responsibility on exchanges to deduct TDS from crypto transactions. Exchanges are required to remit the deducted amount to the government within 30 days from the end of the month in which the trade occurred. The relevant details of the transaction and payment are to be reported using a newly introduced form, the 26QE, and the exchange must furnish documentation of the payment to the respective trader.


For peer-to-peer crypto swaps, conducted outside of traditional crypto exchanges, individuals must obtain a Tax Deduction Account Number (TAN) to facilitate the application of TDS. This additional step ensures compliance with the regulatory requirements surrounding tax deductions on cryptocurrency transactions in India. Overall, TDS plays a pivotal role in streamlining tax collection processes while simultaneously prompting debates on its potential impact on the burgeoning crypto ecosystem in the country.

Reporting Crypto Taxes in India: A Comprehensive Guide

In India, the reporting of individual crypto taxes is an integral part of fulfilling one’s financial obligations and adhering to regulatory requirements. Depending on personal circumstances, taxpayers are required to report their crypto earnings on specific Income Tax Return (ITR) forms, namely ITR 1, 2, 3, or 4. The selection of the appropriate form is contingent upon various factors, including income sources and involvement in business operations. Below are the descriptions of each form as outlined by the Income Tax Department:

ITR 1:

  • Applicable for resident individuals with income less than Rs. 50 lakh.
  • Sources of income may include salaries or wages, one house property, other sources (such as interest), and agriculture income up to Rs. 5 thousand.

ITR 2:

  • Designed for individuals or Hindu Undivided Families (HUFs) without income from operating a business.
  • Suitable for those whose income sources exclude business operations.

ITR 3:

  • Intended for individuals or HUFs engaged in operating a business or serving as an individual director in a company.
  • Specifically tailored for those involved in entrepreneurial activities.

ITR 4:

  • Geared towards resident individuals, HUFs, and non-LLP businesses.
  • Suitable for those with salary or wage income less than Rs. 50 lakh, coupled with income from operating a business.


When reporting crypto taxes, individuals must meticulously review their financial activities and choose the ITR form that aligns with their specific circumstances. Accurate disclosure of crypto-related income is crucial for maintaining compliance with tax regulations in India. Additionally, individuals engaging in crypto transactions should be aware of any updates or amendments to tax laws that may impact reporting requirements. Seeking professional guidance or utilizing specialized tax services can further facilitate a seamless and accurate reporting process, ensuring a transparent and compliant approach to cryptocurrency taxation in India.


Indian Tax Deadline: Key Dates and Considerations

In India, the tax year spans from April 1 to March 31, with taxpayers required to submit their Income Tax Returns (ITRs) typically by July 31. It is essential to note that this deadline may be subject to adjustments, as the Indian e-filing system has experienced occasional glitches in recent years. Consequently, taxpayers are advised to remain vigilant for potential extensions to the filing deadline.


While the standard deadline is July 31, any alterations to this schedule will be officially communicated by relevant authorities. Staying informed about updates and potential extensions is crucial to ensuring timely compliance with tax regulations. Taxpayers are encouraged to monitor official announcements and make necessary adjustments to their filing timelines to avoid any penalties or inconveniences associated with late submissions.

Frequently Asked Questions About Crypto Taxes in India

Q-1: Can crypto losses offset capital gains?

Ans: No. Indian crypto tax regulations explicitly prohibit the offsetting of any income with crypto losses.[4]

Q-2: Can I deduct Bitcoin mining expenses from my crypto taxes?

Ans: No. India’s new crypto tax law does not permit miners to include infrastructure costs in the cost basis of a mined asset.[5]

Q-3: Can I deduct ETH gas fees or transaction fees from my crypto taxes?

Ans: No. Indian crypto taxpayers are not allowed to include any ETH gas fees or transaction fees in the cost basis of a traded asset.

Q-4: How is the 1% Tax Deducted at Source (TDS) applied in India’s crypto taxation?

Ans: The 1% Tax Deducted at Source (TDS) in India’s crypto taxation applies to all sell transactions of crypto assets and took effect on July 1, 2022. This TDS is deducted from the final sale amount, regardless of whether the trade results in a profit or loss.

Q-5: Can crypto losses be used to offset other income in India?

Ans: No. According to the new Indian crypto tax regulations, crypto losses cannot be offset against other sources of income. They may not be utilized to reduce tax liability on other income sources.


Q-6: Are crypto mining expenses deductible in India for tax purposes?

Ans: No. Under India’s new crypto tax law, expenses related to crypto mining cannot be deducted from taxable income. Even if infrastructure costs are incurred during mining, they cannot be added to the cost basis of mined assets for tax purposes.