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US TAX GUIDE · TAX YEARS 2025 AND 2026

Crypto tax in India (2026): 30% tax, 1% TDS and Schedule VDA

Updated Oct 25, 20265 min read19 sources

HELD MORE THAN 1 YEAR 0%Lower incomes15%Middle incomes20%Highest incomes HELD 1 YEAR OR LESS 10% to 37% Taxed as ordinary income +3.8% NIIT at high incomes

India taxes gains from crypto and other virtual digital assets (VDAs) at a flat rate. A 1% TDS applies when you sell above a yearly limit. You report each sale in Schedule VDA of your return.

Short answer

Gains from a VDA transfer are taxed at 30%, plus surcharge and 4% cess. You can deduct only the cost of acquisition. A VDA loss cannot reduce any other income, and you cannot carry it forward. The payer deducts 1% TDS on the sale value when the payer's total for the year passes a set limit. For FY 2025-26, the due date for individuals without business income was 31 July 2026. A belated return is possible until 31 December 2026.

What counts as a VDA

The law defines a VDA as any information, code, number or token, other than currency, that represents value and that you can transfer, store or trade electronically. NFTs are VDAs. The Government can add or exclude assets by notification. From 1 April 2026, the definition also names any crypto-asset that uses a cryptographically secured distributed ledger or similar technology.

The department's VDA guide lists items that are not VDAs. Examples are Indian and foreign currency, CBDC, NFTs of physical assets, gift cards, vouchers, loyalty points and app subscriptions.

Crypto tax rate in India: 30% plus surcharge and cess

Income from the transfer of any VDA is taxed at a flat 30%. The rate is the same when the income is capital gains or business income.

  • You can deduct only the cost of acquisition. No other expense or allowance is allowed. The law does not say if exchange fees are part of the cost.
  • A VDA loss cannot be set off against any other income. You cannot carry it forward to a later year.
  • Schedule VDA enters each loss as nil. A loss on one coin therefore does not reduce a gain on another coin.

A 4% Health and Education Cess applies to the tax plus surcharge. With cess and no surcharge, the effective rate is 31.2%. For AY 2026-27, an individual outside the new regime pays a surcharge on VDA tax of 10% above ₹50 lakh total income, 15% above ₹1 crore, 25% above ₹2 crore and 37% above ₹5 crore. We could not confirm the surcharge rate for the new regime.

The law text that we read sets no minimum gain for the 30% rate. The money limits in the VDA rules apply to TDS and to gifts.

Example: tax on one crypto sale

Assume that you are a resident with salary income. In FY 2025-26, you sell a coin on an Indian exchange for ₹3,00,000. You bought it for ₹2,00,000. You also sell a token at a loss of ₹40,000. We leave surcharge out of the example. For an individual outside the new regime, surcharge starts above ₹50 lakh of total income.

StepAmount
Sale value₹3,00,000
Minus cost of acquisition₹2,00,000
Gain₹1,00,000
Tax at 30%₹30,000
Cess at 4% of ₹30,000₹1,200
Total tax on the gain₹31,200
Minus 1% TDS on ₹3,00,000₹3,000
Tax still to pay on this sale₹28,200

The ₹40,000 loss goes in Schedule VDA as nil. The loss does not reduce the ₹1,00,000 gain. If the exchange also deducted TDS on the loss sale, you claim that credit too.

Crypto TDS: 1% rate, limits and who deducts

A person who pays a resident for a VDA must deduct 1% of the amount as income tax. The deduction happens at credit or at payment, whichever is earlier. Payments to a non-resident fall under a different TDS section (section 195).

No TDS applies below these totals in one financial year:

  • ₹50,000 when the payer is a "specified person": an individual or HUF with no business income, or with business turnover up to ₹1 crore (₹50 lakh for a profession) in the year before.
  • ₹10,000 for any other payer.

When an exchange pays the seller, the exchange deducts. In an OTC deal where the buyer and seller know each other, the buyer deducts. With a broker, both can be liable unless a written agreement puts the duty on the broker. In a crypto-to-crypto trade, the payer must make sure the tax is paid before it releases the coins.

TDS is not your final tax. You claim it as a credit in your return. The e-filing system flags a return when VDA TDS shows in your tax credit data but the VDA income is not fully reported.

Crypto gifts, staking, mining and airdrops

A VDA that you receive as a gift is income for you if the total fair market value of such gifts in the year is more than ₹50,000. Then the full value is taxable, not only the part above ₹50,000. Gifts from relatives, on marriage, or by will or inheritance are exempt. When you later sell a gifted VDA, your cost is the amount already taxed as a gift. In other cases, it is the cost to the previous owner.

We could not confirm official guidance on how India taxes staking rewards, mining income or airdrops when you receive them. When you later sell those coins, the 30% rule applies to the sale.

Schedule VDA in ITR-2 and ITR-3, and the 2026 last dates

Use ITR-2 if you have no business or professional income. Your VDA income goes in Schedule VDA and flows to Schedule CG. Use ITR-3 if you have business income. In ITR-3, each row can be taxed as "Business" or "Capital Gain". ITR-1 and ITR-4 have no Schedule VDA, so you cannot use them for crypto.

Schedule VDA needs one row for each transfer. Each row shows the date of acquisition, the date of transfer, the head of income, the cost of acquisition, the consideration received and the income. The dates cannot be after 31 March of the financial year.

ReturnFY 2025-26 (AY 2026-27)Tax year 2026-27
No business income31 July 202631 July 2027
Business income, no audit31 August 202631 August 2027
Audit cases21 November 2026 (extended from 31 October)Not covered here
Belated return31 December 202631 December 2027
Revised return31 March 202731 March 2028

A revised return filed after 31 December 2026 for AY 2026-27 carries a fee under section 234-I. We found no extension of the 31 July 2026 date as of 25 Oct 2026.

The Income-tax Act, 2025: new section numbers

The Income-tax Act, 2025 came into force on 1 April 2026 and replaced the 1961 Act. CBDT says that the new Act does not change the underlying tax policy. Income from FY 2025-26 still falls under the 1961 Act. Income from 1 April 2026 falls under the 2025 Act, which uses "tax year" in place of "previous year".

Rule1961 Act2025 Act
VDA definitionSection 2(47A)Section 2(111)
30% tax on VDA incomeSection 115BBHSection 194(1), Table Sl. No. 4
1% TDSSection 194SSection 393(1), Table Sl. No. 8(vi)
TDS limitsSection 194S(3)Section 393(4), Table Sl. No. 12
Gifts over ₹50,000Section 56(2)(x)Section 92(2)(m)(iii)
Platform reportingSection 285BAASection 509
Due datesSection 139(1)Section 263(1)(c)

Prescribed reporting entities must file statements on crypto-asset transactions with the tax department. A late statement costs the entity ₹200 per day. Wrong information can bring a ₹50,000 penalty. From 1 October 2026, an individual or HUF payer who meets the "specified person" test does not need a TAN to deduct VDA TDS under the new Act.

This guide is general information, not tax advice. For your own case, talk to a chartered accountant.

Questions

What is the crypto TDS rate in India?

The rate is 1% of the sale value. It applies when a resident sells a VDA and the payer's total passes ₹50,000 or ₹10,000 in the year, based on who pays.

Can I get a crypto TDS refund?

You claim the 1% TDS as a credit in your ITR. If the credit is more than your tax, the return shows the difference. In a loss year, TDS can be deducted even when you owe no VDA tax. We did not confirm the refund steps or timing in an official source.

What is the last date for ITR crypto filing in 2026?

For FY 2025-26, the date was 31 July 2026 without business income and 31 August 2026 with business income and no audit. Audit cases have until 21 November 2026. You can file a belated return until 31 December 2026.

Which ITR form do I use for crypto?

Use ITR-2 without business income, or ITR-3 with business income. ITR-1 and ITR-4 have no Schedule VDA.

Can I set off a crypto loss against salary or shares?

No. A VDA loss cannot be set off against any other income. You also cannot carry it forward. In Schedule VDA, the loss row shows nil.

Are NFTs taxed like crypto in India?

Yes. The law names NFTs as VDAs, so the 30% tax and the 1% TDS apply to them. The department's guide excludes NFTs of physical assets from the VDA list.

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