Answer

Investments · Crypto / VDA

Crypto Tax: 30% Flat, No Deductions (Section 194, old 115BBH)

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  1. Facts

    India's harshest investment tax rate. 30% on every gain. No deductions allowed except purchase cost. Losses cannot offset salary or any other income. 1% TDS on every sale. Every swap, every NFT mint, every staking reward is a taxable event. Many investors do not know that swapping BTC for ETH creates a tax liability.

  2. Provisions and law

    • Sec 194 (old 115BBH)
    • Sec 393 (old 194S)
    • Sec 2(111) (old 2(47A))
  3. Analysis

    Every transfer is taxable, not just INR withdrawal: Sell crypto for INR = transfer (taxable). Swap BTC for ETH = two transfers (BTC sold at current price in INR, ETH bought at current price). Using crypto to pay for goods = transfer at FMV. Receive crypto for freelance work = income at FMV on receipt date. Mining reward = income at FMV on mining date. Staking reward = income at FMV on receipt. Gift crypto to non-relative = transfer at FMV for giftor. Each of these creates tax. No deductions except acquisition cost: Purchase price in INR = allowed. Exchange fees at PURCHASE = allowed (part of cost). Transfer fees on SALE = NOT allowed (only acquisition cost). Electricity cost for mining = allowed as cost. Interest on loan to buy crypto = NOT allowed. Depreciation = NOT allowed.

  4. Conclusion

    1. Export complete transaction history from all exchanges: buy/sell/swap history in CSV
    2. Identify every taxable event: sale, swap, mining reward, staking reward, payment received in crypto
    3. For each: calculate gain = INR value at sale date minus INR cost at purchase date
    4. Net VDA gains/losses within same year (crypto losses can offset other crypto gains)
    5. Apply 30% on net VDA income. No deductions except acquisition cost.
    6. Check AIS for Sec 393, Income-tax Act 2025 (old Sec 194S) TDS credit from Indian exchanges, this reduces final tax payable

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Updated return, ITR-U, Sec 263(6) (old 139(8A))

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