Crypto Tax in India: The Ultimate Guide (2024) (2024)

How is cryptocurrency taxed in India?

Crypto Tax in India: The Ultimate Guide (2024) (1)

In India, income from the sale or receipt of crypto-assets is subject to a 30% flat tax. You will be required to pay this tax whether you’ve disposed of cryptocurrency (sold crypto or traded it for another cryptocurrency) or earned crypto (received crypto through airdrop or staking rewards).

Unlike other asset classes, there is no tax benefit for holding your cryptocurrency for the long term. You’ll pay the 30% tax on cryptocurrency income regardless of your holding period.

In addition, you’ll pay a TDS tax of 1% when you buy or sell cryptocurrency above a certain threshold (yet to be defined).

What cryptocurrency transactions are tax-free in India?

The following transactions are not subject to the 30% flat tax on cryptocurrency.

  • Transferring cryptocurrency between wallets you own
  • Holding cryptocurrency

When did the cryptocurrency tax start in India?

The 30% tax on cryptocurrency went into effect on April 1, 2022. From this date onwards, crypto investors in India are required to pay this tax rate on all cryptocurrency income.

Why is there a 30% tax on cryptocurrency in India?

During his 2022-2023 Budget speech, India’s Minister of Finance claimed that the taxation of virtual assets was necessary because of the ‘magnitude and frequency of these transactions’.

However, it’s important to note that other asset classes, such as stocks and real estate, are not subject to the same 30% flat tax.

How can I calculate my cryptocurrency taxes in India?

Calculating income from cryptocurrency disposal

If you dispose of your cryptocurrency, you can calculate your income by subtracting your cost basis from the proceeds of your disposal.

Crypto Tax in India: The Ultimate Guide (2024) (2)

For example, imagine that you buy Bitcoin for 1,500,000 INR. Years later, you sell it for 2,000,000 INR. In this case, you’ll have 500,000 INR of income.

Examples of disposals include selling your cryptocurrency, trading your cryptocurrency for another cryptocurrency, and using cryptocurrency to make a purchase.

Your cost basis is your cost for acquiring your cryptocurrency. This includes any fees you paid to acquire your crypto, including gas fees and exchange fees.

Calculating income from earned cryptocurrency

If you earn cryptocurrency from means such as staking or airdrops, it will be taxed as income based on its fair market value at the time of receipt.

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How do I determine my cost basis?

In India, the cost basis for capital assets such as stocks is determined through the FIFO (first-in first-out) method. It’s reasonable to assume that you can determine your cost basis in cryptocurrency using the same method.

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When you dispose of cryptocurrency, your cost basis will be that of the first coins that you acquired.

Can you avoid cryptocurrency taxes in India?

Remember, trying to evade your cryptocurrency taxes is illegal and risky.

Prominent exchanges like WazirX collect information from customers and are required to report to the IRS upon request.

In recent years, the Indian government has paid close attention to the crypto ecosystem. In 2022, the IRS seized more than 95 crore INR from 11 crypto exchanges that were accused of tax evasion.

How can I save money on cryptocurrency taxes in India?

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While there is no way to legally avoid the 30% tax, strategies like buying and holding your cryptocurrency for the long term can help you minimize your tax liability and benefit from the continued appreciation of your coins.

Can I harvest my cryptocurrency losses in India?

Unfortunately, India does not allow taxpayers to deduct capital losses from cryptocurrency. While you will not pay taxes when you sell crypto at a loss, it cannot be used to offset gains from cryptocurrency or other income sources.

How are NFTs taxed in India?

Just like cryptocurrencies, NFTs are classified as Virtual Digital Assets and subject to the same 30% tax as well as the 1% TDS tax above a certain threshold.

How is DeFi taxed in India?

Earning cryptocurrency income from DeFi protocols is subject to the same 30% cryptocurrency tax.

How is adding/removing liquidity from DeFi protocols taxed?

DeFi protocols like Uniswap and Compound allow users to add liquidity and in exchange, receive liquidity tokens. While the federal government hasn’t provided clear guidance on this issue, it’s reasonable to assume that adding and removing liquidity will be considered a crypto-to-crypto swap subject to the 30% tax.

How are cryptocurrency gifts taxed in India?

Gifting cryptocurrency is a taxable event for both the gift giver and the recipient.

Gifting crypto is considered a disposal event and any gain is subject to 30% tax.

In the case of receiving a cryptocurrency gift, the recipient is required to pay a 30% tax based on the fair market value of their gift at the time of receipt.

Frequently asked questions

Let’s cap things off by answering some frequently asked questions about cryptocurrency taxes.

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Crypto Tax in India: The Ultimate Guide (2024) (2024)

FAQs

Crypto Tax in India: The Ultimate Guide (2024)? ›

Utilize Loss Harvesting

However, investors must be aware of the "wash sale" rule, which, though not specified for crypto in India, is practiced as a general rule in most places to prevent taxpayers from selling securities at a loss and buying back within a short period to claim a tax benefit.

How can I avoid 30% crypto tax in India? ›

Utilize Loss Harvesting

However, investors must be aware of the "wash sale" rule, which, though not specified for crypto in India, is practiced as a general rule in most places to prevent taxpayers from selling securities at a loss and buying back within a short period to claim a tax benefit.

Is cryptocurrency legal in India in 2024? ›

Using cryptocurrency as a direct method of payment for goods and services is not legal in India as of March 19, 2024. There are 3 aspects to it: Not Legal Tender: Cryptocurrencies like Bitcoin are not recognized as legal money in India. Only the Indian Rupee issued by the Reserve Bank of India holds that status.

How to fill crypto tax in India? ›

Wait, crypto is taxed in India?
  1. Sign up and connect to a crypto tax calculator.
  2. Download your crypto tax report.
  3. Log into the Income Tax Portal and start your ITR-2.
  4. Report your capital gains in Schedule VDA.
  5. Report other income from crypto.
  6. Complete your other required schedules.
  7. Proceed to verification.
  8. FAQs.

Is USDT legal in India? ›

Tether (USDT) is considered legal in India for holding, buying, and trading, according to data from a trusted source. However, it is not recognized as a legal currency, but rather as a cryptocurrency stablecoin.

What will happen if I don't pay crypto tax in India? ›

If you file your ITR-U within 12 months from the end of the tax year, you'll pay a penalty equal to 25% of the amount due, along with interest. If you file your ITR after 12 months, but before 24 months from the end of the tax year, you'll pay a penalty equal to 50% of the amount due, along with interest.

How to legally avoid crypto taxes? ›

9 Ways to Legally Avoid Paying Crypto Taxes
  1. Buy Items on BitDials.
  2. Invest Using an IRA.
  3. Have a Long-Term Investment Horizon.
  4. Gift Crypto to Family Members.
  5. Relocate to a Different Country.
  6. Donate Crypto to Charity.
  7. Offset Gains with Appropriate Losses.
  8. Sell Crypto During Low-Income Periods.
Mar 22, 2024

What is the new rule of crypto in India? ›

What is the tax rule on crypto? The gains incurred by trading crypto assets are taxed at a rate of 30% and 4% cess, according to Section 115BBH. While Section 194S states that a 1% TDS will be deducted on the transfer of crypto assets from July 01, 2022.

What is the crypto law in 2024? ›

There are two landmark dates to note: June 30, 2024 when the legislation will become applicable in respect of asset-referenced tokens and e-money tokens, and December 30, 2024 when the remainder of the MiCA provisions will come into effect, including requirements for crypto asset service providers, together with the ...

Will crypto explode in 2024? ›

Which crypto will boom in 2024? Cryptos that could boom in 2024 include SingularityNET and Fetch.ai, both of which may capitalize on AI's popularity. Bitcoin is another crypto that could be poised for a strong performance in 2024, thanks to the SEC's approval of Bitcoin ETFs.

How much tax should I pay for crypto in India? ›

In India, cryptocurrency gains are taxed at a rate of 30%. TDS is applicable at 1% for crypto transfers exceeding certain amounts. Airdrops, mining, staking, and gifts are all subject to taxation. Reporting crypto assets in financial statements is mandatory for companies.

Why was Binance banned in India? ›

In January, Binance was among nine offshore cryptocurrency platforms that were banned from operating in India through web addresses and mobile applications. The action was in response to the platforms' failure to comply with FIU and PMLA guidelines.

How to calculate crypto taxes? ›

In the US, crypto tax rates vary based on your income and how long you hold the assets. Short-term gains are taxed at ordinary income rates ranging from 10% to 37%, while long-term gains are taxed at preferential rates ranging from 0% to 20%, depending on income. Income from crypto is taxed at regular income tax rates.

How much is $100 USDT in India? ›

Convert Tether to Indian Rupee
USDTINR
100 USDT8,333.33 INR
500 USDT41,667 INR
1,000 USDT83,333 INR
10,000 USDT833,333 INR
5 more rows

Is Bitcoin illegal in India? ›

First off, owning and trading Bitcoin (and other cryptocurrencies) is legal in India. The Reserve Bank of India (RBI) classifies cryptocurrencies as "virtual digital assets" (VDAs). This indicates recognition for tax purposes, but they are not considered legal tender.

Why is USDT costly in India? ›

The value of USDT (Tether) is tied to the value of the US dollar, so it should theoretically be equivalent to the US dollar in all markets. However, due to market demand, supply, and other factors, the value of USDT may fluctuate slightly (1 to 2 percent) in different markets.

Is there tax exemption for crypto in India? ›

Crypto received as gifts from relatives will be tax-exempt. However, if the value of the crypto gift from a non-relative exceeds Rs 50,000, it becomes taxable. Gifts received on special occasions, through inheritance or will, marriage, or in contemplation of death, are also exempt from taxes.

What happens if you don't pay crypto taxes? ›

US taxpayers must report any profits or losses from trading cryptocurrency and any income earned from activities like mining or staking on tax return forms, such as Form 1040 or 8949. Not reporting can result in fines and penalties as high as $100,000 or more severe consequences, including up to five years in prison.

How much GST on cryptocurrency in India? ›

However, in this case, the Supreme Court acknowledged that VDAs are capable of being considered intangible property and goods as well. So, if VDAs like cryptocurrency are considered as goods, then GST can be applicable at the rate of 18%.

What is the TDS for Binance in India? ›

  • Tax on Crypto Transactions: In India, there is a 30% tax on all cryptocurrency activities like trading, mining, and exchanging.
  • TDS Requirement: A 1% Tax Deducted at Source (TDS) is applicable with a threshold of ₹50,000, and in some cases, it is ₹10,000.
Apr 18, 2024

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