Crypto Non-Filers Under IT Scanner

Crypto

Crypto Non-Filers Under IT Scanner

Crypto

As the digital asset space gains momentum in India, so does the scrutiny by tax authorities. The Income Tax Department (ITD) has intensified its efforts to ensure compliance among cryptocurrency investors and traders, particularly those who have not reported their earnings from Virtual Digital Assets (VDAs) in their Income Tax Returns (ITRs).

Massive Compliance Push: I-T Department Reaches Out to Crypto Investors

In a recent campaign, the ITD has reached out to thousands of individuals suspected of omitting cryptocurrency transactions in their ITRs. These communications are part of the government’s broader “NUDGE” initiative, aimed at encouraging voluntary compliance while avoiding intrusive action. The current phase specifically targets Assessment Years 2023–24 and 2024–25.

Backed by robust data analytics and inputs from crypto exchanges, the department is identifying mismatches between declared income and TDS returns, raising red flags around possible underreporting or evasion.

A Snapshot of India’s Crypto Tax Regime

India has implemented one of the most clear-cut taxation systems for VDAs. Key provisions include:

  • Flat 30% tax on income from the transfer of VDAs, including cryptocurrencies, NFTs, and other digital tokens—applicable regardless of whether the gains are business income or capital gains.

  • 1% Tax Deducted at Source (TDS) on transactions exceeding specified thresholds. This TDS is deducted upfront, aiding the government in tracking crypto flows and ensuring tax is collected in real time.

  • No set-off of losses from VDAs against other income—making the tax regime more stringent.

  • Gifts of VDAs valued over ₹50,000 are taxable in the hands of the recipient.

These measures were introduced to bring clarity and accountability to an otherwise unregulated digital space and ensure that tax compliance is upheld.

Trust-Based Nudges Over Enforcement: A Balanced Approach

The ITD’s outreach is not intended to penalize taxpayers immediately but to guide them toward voluntary compliance. Taxpayers who may have unintentionally failed to report VDA income are encouraged to file updated returns and make the necessary disclosures before enforcement actions or scrutiny proceedings are initiated.

This campaign mirrors earlier efforts by the department to target foreign asset non-disclosures and fraudulent deductions. The consistent message is clear: honest compliance is expected and rewarded under the “trust taxpayer first” philosophy.

Why This Matters Now

The digital asset market in India is growing rapidly. With increased retail participation and the rise of NFTs, DeFi tokens, and other digital assets, the government is focused on curbing money laundering, tax evasion, and the flow of unaccounted wealth. The current taxation model ensures that crypto investors contribute fairly to the revenue system, just like any other asset class.

Crypto

Investor Advisory: Act Before It’s Too Late

If you’ve traded, invested in, or received VDAs in the last two financial years, now is the time to:

  • Review your transaction history

  • Cross-check TDS entries reported by exchanges

  • Update or revise your Income Tax Returns, if needed

Failing to comply can lead to penalties, interest, and even scrutiny proceedings in certain cases.

Read More: Have You Reported Your Foreign Assets in Your Income Tax Return?

Conclusion

The message from the Income Tax Department is loud and clear: crypto is not beyond the reach of tax laws. As regulatory clarity increases and data-sharing mechanisms become more robust, non-compliance will become increasingly risky. Investors are advised to stay informed, stay compliant, and treat VDA transactions like any other taxable income stream.

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The Taxation of Virtual Currencies: What You Need to Know

Cryptocurrency

The Taxation of Virtual Currencies: What You Need to Know

Cryptocurrency

Cryptocurrency has transformed how we view money and digital assets. From Bitcoin to Ethereum and beyond, these digital currencies operate on decentralized blockchain networks, providing secure, transparent, and peer-to-peer financial transactions. However, as crypto adoption grows in India, so does the need to understand its tax implications.

Understanding Cryptocurrency

Cryptocurrency is a form of digital or virtual currency secured through cryptography. Unlike traditional fiat currencies, cryptocurrencies are decentralized—typically built on blockchain technology, which eliminates the need for a central authority such as a government or bank. Transactions are verified by a distributed network of users (miners or validators), and once verified, recorded permanently on a blockchain ledger.

Popular Types of Cryptocurrencies

  • Bitcoin (BTC): The first and most recognized cryptocurrency, created in 2009 by the pseudonymous Satoshi Nakamoto. Often considered digital gold.

  • Ethereum (ETH): A decentralized platform supporting smart contracts and decentralized applications (dApps). Its native token is Ether.

  • Altcoins: Alternatives to Bitcoin, such as Litecoin (LTC), Ripple (XRP), and Cardano (ADA), offering improvements or unique features.

  • Stablecoins: Cryptos like Tether (USDT) and USD Coin (USDC), pegged to fiat currencies to minimize volatility.

  • Tokens: Digital assets created on existing blockchains like Ethereum, representing rights, assets, or utility within a network.

Cryptocurrency

How to Acquire Cryptocurrency in India

1. Cryptocurrency Exchanges

Indian users can buy crypto using INR through exchanges such as:

  • WazirX

  • CoinDCX

  • ZebPay

These platforms allow buying, selling, and holding a wide range of cryptocurrencies.

2. Mining

Crypto mining involves validating transactions and securing the network, typically using specialized hardware (ASICs or GPUs). Miners are rewarded in cryptocurrency.

Steps to Start Mining:

  • Invest in mining hardware.

  • Join a mining pool.

  • Use mining software to start earning rewards.

3. Crypto Faucets

Platforms like FreeBitco.in distribute small amounts of cryptocurrency for free, often in exchange for simple online tasks. This is an entry point for beginners.

Taxation of Cryptocurrency in India

India has recognized Virtual Digital Assets (VDAs) under its tax laws, particularly following the Union Budget 2022. Below are the key tax provisions applicable in 2025:

1. Income Tax on Crypto Transactions

A. Flat 30% Tax on Gains

  • All gains from the transfer of crypto assets are taxed at 30%, irrespective of whether the gain is short-term or long-term.
  • No deductions (except cost of acquisition) or loss set-offs are permitted.

  • No indexation benefits apply for long-term holdings.

B. Business Income

If crypto trading is carried out as a business, profits are taxable under regular income tax slabs as business income. Again, only the cost of acquisition is deductible.

C. Airdrops and Gifts

  • Airdropped tokens are taxed at a flat 30% on their fair market value at the time of receipt.

  • Crypto received as a gift is taxed if its value exceeds ₹50,000, under the ‘Income from Other Sources’ head.

D. Loss Treatment

Losses from one VDA cannot be set off against gains from another or other sources of income. They cannot be carried forward either.

2. TDS on Crypto Transfers

As per Section 194S of the Income Tax Act:

  • A 1% TDS is deducted on crypto transactions above ₹10,000 (₹50,000 for specified persons) in a financial year.

  • The exchange or platform facilitating the transaction deducts the TDS at the time of transfer.

3. GST Implications

The application of Goods and Services Tax (GST) on cryptocurrency is still evolving. Key points:

  • Services provided by crypto exchanges (such as conversion, trading fees) may attract 18% GST.

  • The buying or selling of crypto itself is not currently subject to GST unless part of a service-based transaction.

4. Mining and Staking Income

  • Profits from mining and staking are considered business income and taxed as per the applicable income tax slab.

  • All expenses related to mining setups may be deductible if reported as a business.

5. Crypto Held on Foreign Platforms

  • Indian residents holding cryptocurrencies on foreign exchanges must declare these as foreign assets in their ITRs (as applicable).

  • Valuation must be done using the prevailing exchange rate at the time of reporting.

6. Wealth Tax

  • As of now, India does not levy wealth tax on cryptocurrencies.

  • However, crypto holdings may be considered while assessing the value of total assets for other regulatory or financial purposes.

Cryptocurrency

Government’s Regulatory Stance

The Indian government continues to maintain a cautious approach toward cryptocurrencies:

    • Concerns about misuse for illegal activities remain high.

    • The RBI is actively exploring the launch of a Central Bank Digital Currency (CBDC) or Digital Rupee, aiming for a regulated digital financial environment.

    • Comprehensive crypto regulation is still in development, although taxation policies are already in force.

What Should Investors Do?

India’s crypto taxation policy may seem stringent, but it provides much-needed clarity for participants in the space. For individuals and businesses dealing in cryptocurrencies, here’s what to keep in mind:

✅ Maintain detailed transaction records.
✅ Track crypto holdings, including those on foreign platforms.
✅ Be aware of TDS compliance and report accurately in your tax return.
✅ Seek advice from a qualified tax advisor for better risk management.

While the sector is still evolving, proactive compliance will position you well for future opportunities as regulations mature.

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