Capital gains, NRI, AIS/26AS · Capital Gains
Crypto / VDA: 30% Flat Tax (Section 194, old 115BBH)
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Facts
The harshest tax treatment for any investment class in India. 30% on every rupee of profit. No deduction except cost. Loss from crypto cannot offset salary or any other income. 1% TDS on every sale. Many crypto investors do not know they must declare every trade, not just withdrawal to INR.
Provisions and law
- Sec 194 (old 115BBH)
- Sec 393 (old 194S)
- Sec 2(111) (old 2(47A))
Analysis
What is a "transfer", more than you think: Selling crypto for INR = transfer. Swapping BTC for ETH = transfer (both legs taxable separately). Using crypto to buy goods/services = transfer at market value. Receiving crypto as mining reward = income at FMV on receipt date. Receiving as staking reward = income at FMV. Gifting crypto = transfer at FMV to giftor. Each of these is a taxable event. Cost of acquisition, only deduction allowed: What you paid to buy the crypto (in INR equivalent). Exchange fees paid at purchase = allowable. Transfer fees at sale = NOT allowed (only purchase cost). If mining: cost = electricity and hardware cost attributable to that crypto. No indexation. No depreciation. Loss rules: Loss from VDA = ₹50,000. Gain from stocks = ₹80,000. You CANNOT offset. VDA loss must go in ITR (Schedule VDA) but cannot reduce tax on stock gains.
Conclusion
- List ALL crypto transactions in the year: buy, sell, swap, mining reward, staking, receipt as payment
- For each sell/swap/transfer: compute gain = sale value (INR at time of transaction) minus cost of acquisition
- Loss in one trade can offset gain in another VDA trade within same year only
- Total VDA gain: 30% tax. Zero deductions except purchase cost. Zero indexation.
- Check AIS, Sec 393, Income-tax Act 2025 (old Sec 194S) TDS section shows all sales on Indian exchanges. Must match your Schedule VDA
- Foreign exchanges: self-report all sales. Foreign exchange platform does not deduct Sec 393 (old Sec 194S), your responsibility
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Updated return, ITR-U, Sec 263(6) (old 139(8A))
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