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Applicability of Virtual Digital Assets:
Legal Definition of Virtual Digital Assets: Under the Income Tax Act, cryptocurrencies, NFTs, and similar assets are classified as Virtual Digital Assets (Sec. 2(47A)). Special taxation rules apply from 1st April 2022 onwards. Effective from 1st April 2022 (AY 2023-24 onwards) & Covers Virtual digital assets such as cryptocurrencies, NFTs, and similar digital assets. Flat 30% tax on income from transfer of VDAs. Plus 4% health & education cess and surcharge (as applicable) & No slab benefit—rate applies irrespective of income level.
Deductions Allowed / Not Allowed
Example
If sold at a loss, say ₹2,50,000 (loss of ₹50,000),
Even occasional investors are covered; it applies to both individuals and businesses. Gains are separately taxed and cannot be clubbed under normal slabs. Reporting in Schedule VDA of ITR is mandatory.
Example:
1% TDS on transfer of VDAs if aggregate transaction value > ₹10,000 in a year (₹50,000 for specified persons like individuals with income < ₹50 lakh & no business income). Applies to payment made in cash, kind, or crypto-to-crypto trades. Exchanges generally deduct TDS on behalf of traders.
If you receive crypto as a gift, it is taxable as Income from Other Sources at market value (unless exempt under relatives/marriage/gift exemptions).
As per GST law, crypto exchanges must charge 18% GST on transaction fees/commissions. GST is not levied on crypto transfers themselves for investors, only on exchange services.
For Individuals/Investors
Report crypto gains/losses under Schedule VDA in ITR forms (ITR-2 or ITR-3). Pay 30% tax separately on profits (not merged with normal slab income). Details required:
For Traders/Business Income
If frequent trading is your business activity, file under ITR-3 (PGBP). Still taxed u/s 115BBH (30%).
For NRIs
The same tax rules apply to VDAs purchased in India or through Indian exchanges. DTAA relief may not be available for VDA taxation.
| Type of Crypto Income | Tax Rate | Where to Report in ITR | Loss Offsetting | TDS Deducted |
| Crypto Trading | 30% | Schedule VDA | Not allowed | Yes |
| Crypto-Futures | Slab Rate | Business Income | Allowed | No |
| INR-Margined Futures | Slab Rate | Business Income | Allowed | No |
| USDT-Margined Futures | 30% | Schedule VDA | Not allowed | Yes |
| Gifts (Crypto/Airdrops) | Slab Rate (if > ₹50,000/year) | Income from Other Sources | Allowed | No |
| Airdrops | Slab Rate | Income from Other Sources | Allowed | No |
| P2P Transactions | 30% | Schedule VDA | Not allowed | The buyer deducts |
| HODL (Holding Crypto) | Not taxable until sold | Not reported | Not applicable | No |
Penalties for Non-Compliance: Non-disclosure of crypto assets = penalty & prosecution under Black Money Act / Benami Law (if foreign or undisclosed). Wrong reporting may lead to scrutiny & demand notices.
Section 115BBH imposes a harsh flat tax regime on crypto profits: 30% tax, no expense deduction (except purchase cost) & No set-off / carry forward of losses. Crypto is taxed at a flat 30% with 1% TDS on transfers. Losses can’t be adjusted. Proper disclosure in Schedule VDA of ITR is mandatory to avoid scrutiny.
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