Navigating crypto taxes in India can seem daunting, but with a clear understanding of the regulations and a systematic approach to reporting, you can ensure compliance and avoid penalties when filing your Income Tax Return (ITR). Here's a step-by-step guide to help you through the process for the assessment year 2025-26, relating to financial year 2024-25.
Understanding the Basics
The Indian government treats cryptocurrencies and other Virtual Digital Assets (VDAs) as a distinct asset class for taxation purposes. As of 2025, the key regulations remain consistent with those established in previous years:
- Flat Tax Rate: A flat tax rate of 30% (plus 4% cess) applies to profits from the transfer (trading, selling, or swapping) of VDAs, such as cryptocurrencies and NFTs, irrespective of whether the income is treated as capital gains or business income.
- No Deduction (Except Cost of Acquisition): When calculating income from the transfer of digital assets, no deductions are allowed except for the cost of acquisition. This means you can only subtract the purchase price of the crypto asset from the sale price.
- No Set-Off of Losses: Losses incurred from crypto transactions cannot be offset against any other income, including gains from other crypto assets. Each VDA is treated independently for tax purposes.
- Tax Deducted at Source (TDS): A 1% TDS is levied under Section 194S on the sale consideration of crypto transactions exceeding ₹50,000 (or ₹10,000 in some cases) during a financial year.
- Gifting of Digital Assets: The gifting of digital assets attracts tax in the hands of the receiver.
Step-by-Step Guide to Reporting Crypto Taxes
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Calculate Your Taxable Income:
- Determine your profits by subtracting the purchase price from the selling price for each crypto asset you've traded or sold.
- Include any income from staking rewards, airdrops, or other sources related to your crypto holdings. Note that staking rewards are taxed as per your individual income slab rate when received, and any profits from selling or swapping them are subject to the 30% capital gains tax.
- Remember, you cannot offset losses from one crypto asset against gains from another. Each asset is considered separately.
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Choose the Correct ITR Form:
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Individuals must report VDA income using either ITR-2 or ITR-3. ITR-1 is not applicable for reporting crypto income as it lacks Schedule VDA.
- If you're reporting crypto gains as capital gains (typically for investors), use ITR-2.
- If you're reporting crypto income as business income (e.g., frequent trading), use ITR-3.
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Fill Schedule VDA in ITR:
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The Income Tax Department has introduced a dedicated Schedule VDA in the ITR forms to report crypto transactions.
- You'll need to provide details such as the date of acquisition, date of transfer, cost of acquisition, and consideration received for each VDA transaction.
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Report Other Income from Crypto:
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If you have income from sources like staking rewards or airdrops, report it separately under "Income from Other Sources."
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Pay Advance Tax (If Required):
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If your total tax liability (including crypto taxes) exceeds ₹10,000 in a financial year, you are required to pay advance tax in installments.
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Submit TDS Claims:
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Ensure that the TDS deducted on your crypto trades is accurately reflected in your Form 26AS. You can claim credit for this TDS while filing your ITR.
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Verification:
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Electronically verify your Income Tax Return using various methods, including Aadhaar OTP, electronic verification code (EVC), or Net Banking.
Avoiding Penalties
- Accurate Reporting: Declare all crypto income correctly in the ITR. Misreporting or under-reporting can lead to penalties ranging from 50% to 200% of the tax evaded, along with interest.
- Timely Filing: The due date for filing ITRs is typically July 31st, but it was extended to September 15th in 2025. Belated returns are allowed until December 31st with penalties.
- TDS Compliance: Ensure that TDS is deducted and paid to the government as per the regulations. Failure to do so can result in penalties.
- Maintain Detailed Records: Keep a detailed record of all crypto transactions, including purchase and sale dates, prices, and KYC details of counterparties, especially for P2P transactions. This will help you accurately report your income and avoid scrutiny from tax authorities.
Key Updates and Considerations
- Budget 2025: The Union Budget 2025 has made no changes in the existing tax rules for cryptocurrencies.
- Unexplained Cash Credit: Be cautious of P2P transactions without proper KYC, as they may be classified as unexplained cash credit and face high tax penalties.
- Enhanced Reporting Requirements: Starting from the financial year 2025-26, individuals and entities dealing in VDAs must report their crypto gains under Schedule VDA in the ITR. Crypto exchanges are also required to submit detailed reports to tax authorities.
- Undisclosed Income: Unreported crypto gains discovered during tax searches may be taxed at a higher rate of 60%, along with surcharge and cess.
By staying informed and following these guidelines, you can navigate the complexities of crypto taxes in India and ensure compliance with the regulations, thereby avoiding potential penalties and legal issues. Consider using a crypto tax calculator to simplify the calculation process and generate accurate reports for your ITR filing.