Crypto Tax India — VDA Taxation, TDS & ITR Reporting (FY 2025-26)
Updated: 3 June 2026 | Section 115BBH & 194S, Income-tax Act, 2025 | AY 2026-27
Effective rate 31.2% (30% + 4% cess). Applies from FY 2022-23. Section 115BBH, Income-tax Act, 2025.
VDA Tax vs Equity Shares — Key Differences
Understanding the contrast with equity shares helps taxpayers appreciate how strictly crypto gains are taxed compared to stock market investments.
| Feature | VDA / Crypto (Sec 115BBH) | Equity Shares (Sec 111A / 112A) |
|---|---|---|
| Short-term tax rate (≤12 months) | 30% + cess | 20% STCG + cess |
| Long-term tax rate (>12 months) | 30% + cess (no LTCG benefit) | 12.5% LTCG + cess |
| LTCG exemption per year | None | ₹1.25 lakh exempt |
| Indexation on cost | Not allowed | Not allowed (Budget 2024) |
| Loss set-off against gains | Cannot set off anywhere | STCL vs STCG/LTCG; LTCL vs LTCG |
| Loss carry-forward | Not allowed | 8 years |
| TDS on sale | 1% TDS (Section 194S) | No TDS (STT instead) |
| Deductions allowed | Cost of acquisition only | Brokerage (if business income) |
| Slab rate applicable | No — flat 30% always | Separate rate, not slab |
Common Crypto Scenarios — Tax Treatment
| Transaction | Tax Treatment | Rate | TDS? |
|---|---|---|---|
| Buy & sell crypto at profit | VDA gain under Section 115BBH | 30% + cess | 1% (exchange deducts) |
| Buy & sell crypto at loss | VDA loss — no set-off, no carry-forward | — | TDS on proceeds, not profit |
| Crypto-to-crypto swap (BTC → ETH) | Transfer of VDA — taxable at fair market value on swap date | 30% + cess | 1% (P2P: buyer deducts) |
| P2P sale | VDA transfer — buyer responsible for deducting 1% TDS | 30% + cess | 1% (buyer deducts) |
| Crypto mining reward | Business income or income from other sources; cost of acquisition = Nil | Slab rate on receipt value | No TDS on mining |
| Staking rewards | Income from other sources — taxable at fair value when received | Slab rate | No TDS on staking |
| NFT sale | VDA transfer — same 30% regime applies | 30% + cess | 1% |
| Airdrop received | Income from other sources at FMV on receipt date | Slab rate | No TDS on airdrops |
| Crypto gift from non-relative | Taxable as gift income under Sec 56(2)(x) if FMV > ₹50,000 | Slab rate (Income from Other Sources) | — |
TDS Under Section 194S — Crypto Buyers & Exchanges
Section 194S was introduced by Finance Act 2022. It applies to all transfers of VDAs on or after 1 July 2022. Key obligations:
- Rate: 1% of the sale consideration (not 1% of profit)
- Threshold: ₹50,000/year. For "specified persons" (individual/HUF with turnover < ₹1Cr / ₹50L or income below exemption limit): threshold is ₹10,000/year
- On exchanges (CoinDCX, WazirX, Zebpay, etc.): Exchange deducts TDS automatically; reflected in Form 26AS and AIS
- On P2P trades: The buyer must deduct 1% TDS from the payment and deposit it using Form 26QE (before making payment to seller)
- TDS credit: Visible in Form 26AS; claim as advance tax credit in ITR to reduce final tax payable
- No TDS on gift, mining, staking, airdrop — TDS under 194S is only on "sale/transfer" consideration
How to File ITR with Crypto Income
Crypto/VDA income is reported in Schedule VDA in ITR-2 or ITR-3. Steps to file correctly:
- Download your full transaction history and P&L report from every exchange used during the year
- Check Form 26AS / AIS on the income tax portal for pre-filled TDS data under Section 194S
- Open ITR-2 (or ITR-3 for traders/miners) for AY 2026-27 on incometax.gov.in
- Navigate to Schedule VDA and enter each transaction: VDA name, acquisition date, cost, transfer date, sale consideration
- Verify TDS credit in Schedule TDS — ensure 194S TDS matches your 26AS data
- Mining and staking income goes in Schedule OS (Income from Other Sources)
Note: ITR-1 (Sahaj) cannot be used by anyone with VDA income. Non-disclosure of VDA transactions can attract notice, penalty under Section 270A, and prosecution under the Income-tax Act.
Frequently Asked Questions
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