Gain:
Base Tax (30%):
Surcharge & Cess (12%):
Effective Tax Rate:
Total Tax Payable:
1% TDS (if applicable):
18% GST on Exchange Fees:
Net Profit After Taxes:
India slapped a flat 30% crypto tax on all gains from virtual digital assets (VDAs) starting April12022, and traders are still figuring out what that means for their Bitcoin profits. This guide breaks down the rule, shows you how to calculate the liability, walks through the extra 1% TDS and the new 18% GST, and compares India’s regime with a few other jurisdictions. By the end you’ll know exactly what to report, how much you owe, and which compliance steps you can’t skip.
India’s 30% crypto tax is a flat income‑tax rate applied to all gains from Virtual Digital Assets (VDAs) under Section115BBH of the Income Tax Act. It was announced in the 2022 Union Budget by Finance Minister Nirmala Sitharaman the then‑Finance Minister of India and became effective on April12022.
The tax sits in the highest income‑tax bracket (30% plus surcharge and 4% health & education cess), which means the effective rate for most individuals is about 31.2%. Unlike traditional capital‑gains rules, there is no distinction between holding periods - a Bitcoin sold after one day or after two years is taxed at the same flat rate.
The formula is deliberately simple:
(Selling Price - Purchase Price) × 30% = Tax Payable
Only the purchase price (the cost of acquisition) is allowed as a deduction. No other expenses - exchange fees, network transaction costs, custodial fees, or even the cost of a hardware wallet - can be claimed.
Let’s run a concrete example:
If you incurred a loss on a different crypto, say ₹30,000 on Ethereum, you still owe the ₹33,000 because India disallows loss offsetting across assets.
Because the tax authority can audit any crypto transaction, you need a solid paper trail:
Most Indian traders spend 10‑15hours a year on record‑keeping if they only buy‑and‑hold. Active day‑traders can easily reach 40‑50hours, especially when juggling multiple exchanges.
Dedicated crypto tax softwares such as Koinly a tax‑calculation platform that supports Indian VDA reporting or ClearTax an Indian tax‑filing service with built‑in crypto modules can automate much of the data import and generate the ScheduleVDA required in your ITR.
Starting July12022, the Income Tax Department introduced a 1% Tax Deducted at Source (TDS) on crypto transfers that exceed ₹50,000 in a financial year. The rule is codified under Section194S. The exchange deducts the TDS before crediting your account, and you receive a Form16A showing the amount paid.
Key points:
Compliance headache: not all overseas exchanges automatically deduct TDS, so you may need to self‑assess and pay the 1% directly to the tax department.
In July2025 the government clarified that services provided by crypto exchanges (including trading fees, wallet fees, and API usage) attract 18% Goods and Services Tax (GST). The GST is levied on the exchange, which usually passes the cost onto the user as higher fees.
Effectively, a trader paying a 0.25% trading fee now faces:
Trading fee = 0.25% of transaction value GST = 18% of the fee Effective fee = 0.25% × (1 + 0.18) ≈ 0.295%
While GST doesn’t directly increase your taxable income, it reduces net profit and adds another compliance line - you must ensure the exchange provides a GST invoice for your records.
Country | Rate on Bitcoin gains | Loss offset | TDS / Withholding | GST / VAT on exchange fees | Holding‑period distinction |
---|---|---|---|---|---|
India | 30% (31.2% effective) | No | 1% TDS ≥₹50,000 | 18% GST | No - flat rate |
UnitedStates | 0‑20% (long‑term) | Yes | None | Varies by state | Yes - short vs. long term |
Germany | 0% after 1yr hold | Yes | None | 19% VAT on services | Yes |
Singapore | 0% (no capital‑gains tax) | N/A | None | 7% GST on services | N/A |
UnitedKingdom | 10% or 20% (CGT) | Yes | None | 20% VAT on services | Yes - CGT thresholds |
India’s regime is among the harshest because it combines a high flat rate, forbids loss offsetting, and adds both TDS and GST. Traders from other countries often cite the U.S. long‑term capital‑gains break or Germany’s one‑year exemption as far more friendly.
Because the law leaves little room for classic tax planning, most advice revolves around record‑keeping and timing:
Remember: these aren’t loopholes - they’re simply ways to stay compliant while minimizing administrative pain.
Since July2025 the government has kept the 30% rate, 1% TDS, and 18% GST untouched. However, there are signals of possible tweaks:
Until any amendment is officially published, the safest bet is to assume the current regime will stay in place for the next few fiscal years.
Yes. The 30% rate is applied under the highest income‑tax slab of the Income Tax Act, plus surcharge and health‑education cess, so the effective rate is about 31.2% for most taxpayers.
No. Indian law forbids loss offsetting across different virtual digital assets. Each asset’s gain is taxed separately, and losses cannot be carried forward.
Only Indian‑registered exchanges are mandated to withhold TDS. If you trade on a non‑Indian platform, you must self‑assess the 1% and pay it directly to the tax department.
If you are a GST‑registered business, you can claim input tax credit against the 18% GST shown on the exchange’s invoice. Individual investors cannot claim a credit but should retain the invoice for audit purposes.
You must fill ScheduleVDA (Virtual Digital Assets) in ITR‑2 or ITR‑3, attaching the computed tax liability and any TDS credit. The schedule became mandatory from FY2022‑23 onward.
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