India’s taxation regime for cryptocurrencies and Virtual Digital Assets—Bitcoin, Ethereum, NFTs, and other digital tokens—continues to be governed by the framework introduced under the Finance Act, 2022. As we enter AY 2026-27, investors, traders, and crypto users should revisit the existing rules and understand what may lie ahead for FY 2025-26.
The foundational tax framework for VDAs remains unchanged. The following provisions are critical for anyone dealing in digital assets:
A flat 30% tax applies to income from the sale, transfer, or exchange of VDAs.
No distinction exists between short-term and long-term crypto gains.
Deductions are restricted only to the cost of acquisition.
Trading fees, mining expenses, or borrowing costs are not deductible.
VDA losses cannot be set off against any income, nor carried forward.
A 1% TDS must be deducted by the exchange or buyer where annual transactions exceed ₹10,000.
This applies even to P2P transactions, where the buyer must deduct TDS.
The deducted amount is reflected in Form 26AS and can be claimed as credit.
Gifts of VDAs are taxable at fair market value at the time of receipt.
Unlike traditional gifts, no exemption exists for gifts from relatives.
If the FMV exceeds ₹50,000, the gift becomes fully taxable.
Proper reporting is essential to avoid scrutiny.
ITR-2 – For individuals with capital gains, including VDA gains.
ITR-3 – For individuals/HUFs engaged in VDA trading as a business.
A separate Schedule VDA appears in ITR-2 and ITR-3 and must be accurately filled.
Details to be disclosed:
Date of acquisition
Cost of acquisition
Date and value of transfer
Net taxable gains
The 1% TDS will appear in Form 26AS.
The taxpayer must claim this in Part A of the ITR to adjust his tax liability or claim a refund.
Due to the frequent and cross-border nature of crypto activity, investors should maintain:
Acquisition dates
Purchase value
Sale consideration
Exchange transaction fees
Wallet addresses and transaction IDs
Earnings from staking, yield farming, lending, and DeFi are taxed under “Income from Other Sources.”
These incomes are taxed at the individual’s normal slab rates.
While no immediate changes are announced, future Union Budgets may introduce:
Lower LTCG rates (e.g., 20% with indexation) for long-term crypto holdings.
Clearer rules for cross-border transactions, especially foreign exchanges and wallets.
Crypto-specific tax return forms for simplified reporting.
| Tax Component | Rate / Rule | Key Compliance Requirement |
|---|---|---|
| Tax on VDA Gains (Sec. 115BBH) | Flat 30% + surcharge + cess | Applies to all profits—sale, swap, or spend |
| Deductions | Only cost of acquisition allowed | No deduction for fees, mining, or interest |
| Loss Set-off | Not allowed | Cannot be set off or carried forward |
| TDS on Transfer (Sec. 194S) | 1% | Buyer/exchange to deduct if value > ₹10,000 |
| Tax on VDA Gifts | Taxable if value > ₹50,000 | FMV taxed irrespective of relationship |
| Reporting | Schedule VDA | Mandatory in ITR-2/ITR-3 |
| Return Filing | Correct schedules + TDS claim | Ensure all gains and TDS credits match Form 26AS |
India’s VDA taxation framework for FY 2025-26 stays consistent with previous years. A 30% tax on gains, 1% TDS, prohibition of loss set-off, and strict reporting norms continue to shape crypto compliance.
However, with digital assets becoming mainstream, policy adjustments—especially regarding long-term gains, global transactions, and dedicated reporting forms—are likely in the coming years.
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