
Key Takeaways
10 critical insights you need to know
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01Crypto Taxes in India Budget 2026 maintains the punishing 30% capital gains tax and 1% TDS without any relief, reform, or rationalization despite industry-wide demands.
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02Finance Minister Nirmala Sitharaman made zero mention of cryptocurrency taxation in her budget speech, signaling that policy changes remain off the government’s immediate agenda.
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03New penalty framework effective April 1, 2026 imposes Rs 200 daily fines for non-filing and Rs 50,000 flat penalties for inaccurate crypto taxes in India reporting.
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04Over 72.7% of crypto taxes in India trading volume has already migrated to offshore platforms due to the prohibitive 1% transaction deduction system.
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05The TDS mechanism locks capital on every trade, with three consecutive Rs 1 lakh transactions freezing nearly Rs 3,000 even when no actual profit exists.
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06Approximately 50% of crypto taxes in India investors are paying capital gains tax despite suffering net losses, collectively losing around Rs 180 crore due to no loss set-off provisions.
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07Tax authorities have identified undisclosed virtual digital assets worth Rs 888.82 crore and issued over 44,000 notices to non-compliant taxpayers across the country.
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08Starting 2026, AI-driven tax enforcement systems will automatically cross-check TDS deductions against declared income, flagging discrepancies for investigation and penalty proceedings.
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09Industry leaders including WazirX, CoinSwitch, ZebPay, and Unocoin are warning that crypto taxes in India risks falling behind Western nations integrating crypto into mainstream financial systems.
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10Section 509 of Income-Tax Act 2025 places full reporting burden on exchanges and intermediaries, significantly increasing compliance costs throughout the crypto taxes in India ecosystem.
When Crypto Taxation Became Legal in India
How Budget 2022 created India’s crypto tax framework — and why it has stayed frozen ever since
Cryptocurrency taxation in India was formally introduced in Budget 2022 (announced February 1, 2022) by Finance Minister Nirmala Sitharaman. The regime became effective from April 1, 2022 for the financial year 2022-23. Section 115BBH introduced the 30% flat tax on all virtual digital asset gains — with no deductions, no indexation, and no set-off permitted against any losses.
The TDS rate is 1% — not 15%. This is a common misconception. The 1% TDS under Section 194S applies to every crypto transaction above the Rs 10,000 threshold, deducted at source by the exchange before settlement — locking capital regardless of whether the trade is profitable.
India didn’t “legalize” crypto in the traditional sense. The government introduced taxation without providing regulatory clarity. Cryptocurrencies remain unregulated assets, but taxing them acknowledged their existence and created compliance obligations. The 2022 framework marked India’s first official fiscal treatment of virtual digital assets — though the country still lacks comprehensive crypto regulation nearly four years later.
This taxation framework has remained completely unchanged through Budget 2023, Budget 2024, Budget 2025, and now Budget 2026 — making it one of the world’s harshest crypto tax regimes with no signs of reform in sight.
Section 115BBH (30% CGT) effective April 1, 2022 · Section 194S (1% TDS) effective July 1, 2022
Budget 2026 Silence
India’s cryptocurrency investors entered 2026 hoping for major changes to crypto taxes in India, including lower rates, regulatory clarity, and a fairer approach to digital assets. Those hopes were crushed when Finance Minister Nirmala Sitharaman presented Union Budget 2026 on February 1st without mentioning cryptocurrency even once. The silence was deliberate and telling. While global markets embrace blockchain innovation and balanced regulation, crypto taxes in India remain stuck in the punitive regime introduced in Budget 2022. The harsh 30% tax on all gains with no loss deductions, plus the 1% tax deducted at source on every transaction, continue without any relief. Industry leaders say this policy is systematically destroying crypto taxes in India domestic crypto ecosystem, forcing investors and businesses to move their money and operations offshore to escape what they call the world’s most punishing crypto tax structure.
Exodus & Enforcement
The damage from crypto taxes in India is real and getting worse every month. Data from tax analytics platform KoinX shows that 72.7% of Indian crypto trading has already moved to offshore platforms where traders avoid the 1% TDS while getting better liquidity. Indian crypto exchanges are losing massive market share to international competitors. Talented developers and traders are relocating to crypto-friendly countries like Dubai and Singapore. India’s chance to become a blockchain innovation leader is slipping away fast. Instead of fixing the broken tax on crypto in India, the government is cracking down even harder on enforcement. New penalties starting April 1, 2026 will charge Rs 200 per day for late filing and Rs 50,000 flat fine for any mistakes in reporting. Tax authorities have already sent over 44,000 notices to investors and found Rs 888.82 crore worth of undisclosed crypto assets. The government’s message is crystal clear: we will enforce crypto tax in India aggressively, but we will not change the punitive policy that is driving everyone offshore.

India’s Union Budget 2026 Leaves Crypto Investors in the Cold With 30% Tax and 1% TDS Remaining Untouched
Budget 2026 came after months of intense lobbying from the crypto industry demanding changes to crypto taxes in India. Major exchanges like WazirX, CoinSwitch, ZebPay, and Unocoin sent detailed reports to the Finance Ministry explaining how the current tax on crypto in India destroys trading activity, pushes money offshore, and makes India completely uncompetitive globally. Industry groups showed hard data proving that the 1% TDS alone killed over 90% of domestic trading volume since it started in July 2022. Economic research groups published studies showing how the no-loss-offset rule in crypto tax in India violates basic fairness by forcing investors to pay 30% tax on their winning trades while getting zero benefit from their losing trades. Every expert and industry voice said the same thing: reform is not optional anymore, it is economically critical to stop the complete collapse of India’s crypto ecosystem.
The Finance Minister’s response was complete silence. Her 90-minute budget speech covered everything from roads and bridges to farm subsidies, but had zero mentions of cryptocurrency, blockchain, or digital assets. The official budget documents showed no changes to Section 115BBH that controls crypto capital gains or Section 194S that enforces TDS deductions. Industry representatives carefully read every single page looking for even tiny changes to TDS limits or loss offset rules. They found absolutely nothing. The crypto taxes in India for 2026 are not just unchanged by accident. This is deliberate policy. The government’s stance is clear: cryptocurrency is speculation that deserves punishment through heavy taxation to discourage people from trading it. And for those who continue despite the warnings, the tax on crypto in India ensures they pay maximum taxes without any of the normal investor protections available in stock or commodity markets, like being able to deduct losses from gains. The message behind crypto tax in India is discouragement, not fairness.
Current India Crypto Tax Structure That Budget 2026 Preserved Unchanged
Three provisions defining India’s punitive crypto tax regime
Capital Gains Tax
All cryptocurrency gains taxed at flat 30% rate regardless of holding period, income level, or asset type. No indexation benefit, no cost inflation adjustment, no preferential rates for long-term holdings creating highest tax burden globally.
TDS Deduction
Tax deducted at source on every transaction above Rs 10,000 threshold applies whether trade is profitable or not. Deduction occurs at exchange level before settlement, locking capital that can only be reclaimed through annual tax return filing process.
SET- OFF
No Loss Set-Off
Crypto losses cannot be set off against gains from any source including other crypto trades, equity investments, or business income. This asymmetric treatment means investors pay full tax on winners while absorbing losers entirely from post-tax income.
All three provisions remain fully intact following Budget 2026
“Finance Minister Nirmala Sitharaman Stays Silent on Reform and What the Budget Did Not Say About Crypto is What Matters Most”
Political experts and industry watchers know that in budget announcements, what the government does not say often tells you more than what it does say. Finance Minister Sitharaman’s complete silence about cryptocurrency in her budget speech sends a powerful message about where crypto tax India stands in government priorities. Look at the pattern from previous years. Budget 2022 introduced crypto taxes India with detailed explanations of the new rules. Budget 2023 talked about how to implement the system. Budget 2024 discussed enforcement actions. Budget 2025 mentioned monitoring digital assets. But Budget 2026 pretends crypto does not even exist, even though the sector holds billions of rupees in investor money, provides thousands of jobs, and generates substantial tax revenue through the very cryptocurrency tax India system that everyone is demanding be fixed. The deliberate silence is the government’s way of saying crypto reform is not on the agenda, period. [1]
This silence reveals what the government really thinks about crypto’s place in India’s financial future. Sources familiar with internal policy talks say several reasons explain why crypto tax India remains so harsh. First, there is still no clear regulation. The proposed Cryptocurrency Bill has been in the works for three years but is still not finished. Without a proper law defining what crypto taxes in India legally is, the government does not want to cut crypto taxes India because that might look like official approval of cryptocurrency. Second, officials still worry about money leaving the country illegally, money laundering, and criminals using crypto, even though Indian exchanges have proven they follow strict KYC and anti-money-laundering rules. Third, the Reserve Bank of India is philosophically against private cryptocurrencies. The RBI sees them as threats to India’s control over its own money supply and financial stability. Because of the RBI’s strong opposition, any attempt to make cryptocurrency tax India more reasonable gets blocked inside the government, even when economic data clearly shows that reform would help the country more than hurt it.
New Penalty Framework Drops on April 1, 2026 With Rs. 200 Per Day Fine for Non-Filing and Rs 50,000 Flat Penalty for Inaccurate Reporting
While Budget 2026 gave zero relief on crypto taxes in India or the TDS rate, it did add harsh new penalties that start April 1, 2026. The new penalty system targets anyone who does not file correctly or makes mistakes, with fines designed to force perfect compliance. Under Section 271AAD, if you fail to submit your crypto income statement in Form 10-IC on time, you will be charged Rs 200 per day for every single day you are late, with no maximum limit. If you miss the deadline by just 50 days, you owe Rs 10,000 in penalties before even paying your actual tax on crypto in India. Miss it by 100 days and the penalty jumps to Rs 20,000. The penalty keeps growing every day, putting huge pressure on investors to file immediately even when their crypto tax in India calculations are complicated or they are disputing what they owe. This is enforcement through financial punishment, not support for taxpayers trying to comply.
The second penalty under Section 271AAE is even scarier: a flat Rs 50,000 fine for any mistakes in reporting your crypto transactions or holdings. This creates huge risk for regular investors because calculating crypto taxes in India correctly is genuinely complicated. You need to track your purchase price across multiple exchanges, figure out the fair market value of crypto taxes in India you received from airdrops or staking rewards, and calculate gains on international transactions where rupee exchange rates change your profit numbers. Tax officials have wide authority to decide what counts as a mistake, and the Rs 50,000 penalty applies even if your error was honest or came from a reasonable difference in how to interpret the confusing tax on crypto in India rules, not from trying to cheat. When you combine the Rs 200 per day late filing penalties with this Rs 50,000 accuracy penalty, the cost of making mistakes can equal or exceed the actual crypto tax in India you owe. For small investors with modest crypto taxes in India holdings, one filing error could wipe out their entire year’s gains.
72.7% of Indian Crypto Trading Volume Has Already Migrated to Offshore Platforms According to Data from KoinX
The clearest proof that crypto taxes in India are not working shows up in the trading numbers: Indians are fleeing to foreign platforms in massive numbers. KoinX, a major crypto taxes in India software company serving over 100,000 Indian users, released research in January 2026 showing that 72.7% of Indian crypto trading now happens on international exchanges outside India’s reach. This is a huge jump from 45% in mid-2023 and 58% in early 2025. The trend is obvious: Indian exchanges are dying because serious traders cannot afford the 1% TDS that locks up their money on every single trade. Foreign platforms like Binance, KuCoin, Bybit, and OKX have taken over the Indian market by offering zero TDS deductions, much better liquidity, professional trading tools, and access to thousands of cryptocurrencies that Indian exchanges cannot list. The harsh tax on crypto taxes in India is not collecting more revenue, it is pushing all the trading offshore where the government gets nothing. The crypto tax in India system is defeating its own purpose by driving away the very activity it is trying to tax.[2]
The move offshore creates serious problems beyond just lost tax revenue from crypto taxes in India. First, when trading happens on foreign platforms, Indian exchanges lose all the transaction data they need to collect TDS and track income. This completely undermines the enforcement system the government is trying to build. Indian tax authorities cannot verify what people are reporting unless foreign exchanges voluntarily share data through special agreements, which most will not do. Second, Indians using offshore platforms face much bigger risks: no Indian consumer protection laws apply, platforms can collapse like FTX did in 2022 wiping out user funds, and foreign regulators might freeze accounts belonging to Indian users without warning. Third, the brain drain follows the money. Top developers, experienced traders, and blockchain experts are leaving India for countries that welcome crypto instead of punishing it through harsh tax on crypto in India policies. Dubai is winning big from India’s loss, with thousands of Indian crypto professionals relocating to the emirate’s special crypto zones that offer zero capital gains tax and clear, supportive regulations. Every talented person who leaves because of unfair crypto tax in India is a permanent loss to the country’s tech future.
Three Consecutive Trades Worth Rs 1 Lakh Each Can Lock Nearly Rs 3,000 as TDS Even With Zero Net Profit Experts Warn
The 1% TDS in crypto taxes in India creates a nightmare for active traders who buy and sell multiple times per week. Here is a simple example that shows how broken the system is: You buy Rs 1 lakh of Bitcoin on Monday. You sell it Tuesday for exactly Rs 1 lakh, breaking even with zero profit. You use that Rs 1 lakh to buy Ethereum on Wednesday. You sell the Ethereum Thursday for exactly Rs 1 lakh, again breaking even. Across these four trades totaling Rs 4 lakh in trading volume, you made absolutely zero profit. You closed every position at the exact same price you bought it. But the tax on crypto in India TDS system still takes 1% on your two sell transactions, locking up Rs 2,000 of your money. To get that Rs 2,000 back, you have to file your annual tax return and wait months for processing and refund. Meanwhile, that Rs 2,000 is gone from your trading capital. This is how crypto tax in India punishes trading activity itself, not profits. You made no money but lost Rs 2,000 in locked capital that you desperately need to keep trading.
For traders making dozens of trades every month, the crypto tax India TDS system becomes financially impossible. Take a day trader who makes 100 trades per month with an average size of Rs 50,000. That generates Rs 50 lakh in total trading volume. At 1% TDS on the sell side (half the trades), Rs 25,000 gets locked up every single month. That is Rs 3 lakh per year taken out of their trading capital, regardless of whether they actually made any profit. Many day traders actually lose money after exchange fees and market swings, yet crypto taxes India still drain massive amounts from their working capital that they need to keep trading. The only way to get this money back is to file perfect tax returns, then wait 6 to 12 months for the government to process them, and hope you get a refund if your total TDS was more than your actual 30% tax on real gains. This cash flow destruction makes active trading completely impossible in India. Anyone serious about trading has no choice but to move offshore where there is no TDS and their capital stays available for trading. The crypto taxes in India system is not regulating trading, it is killing it and forcing it out of the country.
TDS Capital Lockup Calculation for Active Trading Scenarios
Monthly TDS locked regardless of actual profitability
| Trading Activity Level | Monthly Transactions | Avg Transaction Size | Monthly TDS Locked |
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Casual Investor |
4 trades | ₹25,000 | ₹500 |
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Regular Trader |
20 trades | ₹50,000 | ₹5,000 |
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Active Trader |
50 trades | ₹75,000 | ₹18,750 |
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Day Trader |
100 trades | ₹50,000 | ₹25,000 |
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Professional Trader |
200 trades | ₹1,00,000 | ₹1,00,000 |
TDS deducted on sell-side transactions only. All figures calculated at 1% rate per transaction.
Approximately Half of Indian Crypto Users Are Paying Capital Gains Tax Despite Incurring Net Losses Costing Them Around Rs 180 Crore
The ban on deducting losses creates one of the most unfair parts of crypto taxes in India. Research by tax analytics companies looking at real tax returns shows a shocking fact: about 50% of people who paid capital gains tax in 2023-24 actually lost money overall when you add up all their crypto trades for the year. This crazy situation happens because tax on crypto in India forces you to report each winning trade separately and pay 30% tax on those wins, but you cannot deduct your losing trades from those wins or carry losses forward to future years. Here is how absurd this is: You make 10 trades in a year. Five trades win and make you Rs 50,000 total profit. Five trades lose and cost you Rs 60,000 total loss. Your actual result for the year is a Rs 10,000 loss. You lost money. But under crypto tax in India rules, you still have to pay Rs 15,000 in taxes on the Rs 50,000 in wins, and you get zero benefit from the Rs 60,000 in losses. You ended the year Rs 10,000 poorer, but the government still takes Rs 15,000 from you. This is not taxation, this is punishment.
When you add this up across India’s estimated 15 million crypto taxes in India investors who filed tax returns, industry experts calculate that loss-making investors are paying over Rs 180 crore in excess taxes every year. These are people who, under any fair tax system, should owe zero tax because they lost money overall. Instead, they face huge tax bills purely because crypto taxes in India treat wins and losses completely differently. The unfairness becomes even more obvious when you compare it to stock market investing. Under Sections 70 and 74 of the Income-Tax Act, stock investors can deduct their losses from their gains and carry forward any remaining losses for eight years to offset future profits. A stock investor who loses money overall pays zero tax and gets to use those losses later. But a crypto investor who loses the exact same amount still pays maximum 30% tax on crypto in India on all their winning trades while getting zero benefit from losing trades. They have to absorb all losses from their own pocket after already paying tax. This double standard has no logical policy reason. It violates the basic tax principle that people in the same economic situation should be taxed the same way. The crypto tax in India system punishes crypto investors for doing exactly what stock investors do, just because the asset is different.
WazirX Founder Nischal Shetty Calls the Current Tax Regime a Key Friction Point That Is Actively Damaging India’s Liquidity and Global Standing
Industry leaders are speaking out more loudly about the damage from crypto taxes in India, with WazirX founder Nischal Shetty becoming one of the fiercest critics. In a detailed analysis published on February 2, 2026, right after the budget announcement, Shetty said the unchanged tax on crypto in India is actively destroying India’s crypto trading and making the country completely uncompetitive globally. He pointed out that Indian exchanges have lost over 95% of their trading volume since the TDS started. The only traders left are big institutions focused on compliance and very small retail investors who do not trade enough to make moving offshore worth the hassle. The lively retail trading scene that used to define Indian crypto taxes in India markets has been completely killed. With so little trading happening on Indian exchanges, prices do not reflect true market value anymore, and this creates profit opportunities for foreign platforms that can buy cheap in India and sell high elsewhere, all at the expense of Indian users who get worse prices. The crypto tax in India is not just collecting revenue, it is systematically destroying the entire Indian crypto trading infrastructure and handing the profits to foreign competitors.
Shetty’s analysis shows how crypto taxes in India are destroying the country’s bigger dreams in blockchain and digital innovation. India has proven strengths: world-class software talent, a booming startup scene, and digital payment systems like UPI that process 11 billion transactions every month. But all these advantages mean nothing when tax on crypto in India makes it financially impossible to build crypto businesses in the country. Talented developers who could create breakthrough blockchain applications are choosing to work for foreign companies or move abroad entirely, going to places where their skills are appreciated and rewarded instead of punished by harsh taxes. Investors who would fund Indian crypto startups are putting their money into international projects instead, where they get better trading options and fair tax treatment. The end result is complete ecosystem collapse. India gets zero economic benefit from blockchain innovation even though the country has all the talent and technical ability to lead the world in this industry. The crypto tax in India is not protecting the country, it is gift-wrapping India’s blockchain future and handing it to Singapore, Dubai, and other competitors who welcome what India rejects.
CoinSwitch Co-Founder Ashish Singhal Demands TDS Cut from 1% to 0.01% and Says Current Rules Create Friction Rather Than Fairness
CoinSwitch co-founder Ashish Singhal has taken a different tactical approach in advocating for reform, focusing specifically on the TDS mechanism as the most immediately damaging element requiring urgent correction. In his post-budget statement, Singhal proposed reducing TDS from 1% to 0.01%, a 100-fold reduction that would maintain the government’s ability to track transactions while eliminating the capital lockup effect that destroys trading activity. At 0.01% , a Rs 1 lakh transaction would deduct just Rs 10 rather than Rs 1,000, making the cash flow impact negligible for most traders while preserving the compliance trail that enables tax enforcement. Singhal argues this represents a reasonable compromise that addresses industry concerns without abandoning government oversight objectives.
The CoinSwitch proposal draws parallels to securities transaction tax in equity markets, which operates at 0.1% on delivery-based trades and 0.025% on intraday trades, far below crypto’s 1% TDS. These lower rates generate substantial revenue while avoiding the liquidity destruction seen in crypto markets. Singhal characterizes the current TDS rate as creating friction rather than fairness, penalizing honest users who trade on compliant Indian platforms while incentivizing movement to offshore exchanges that collect no data for Indian tax authorities. He points out that reducing TDS would likely increase government tax revenue by bringing volume back onshore where actual profits can be tracked and taxed at 30%, compared to the current situation where offshore trading generates zero Indian tax revenue regardless of profitability. The proposal has gained traction among industry participants as a pragmatic reform that could be implemented quickly without requiring comprehensive policy reconsideration.
Crypto Industry Reform Proposals for India Tax Budget
Six actionable recommendations from leading Indian crypto exchanges
Reduce TDS Rate
Lower transaction deduction from 1% to 0.01-0.1% range matching securities transaction tax levels, eliminating capital lockup while maintaining transaction visibility for tax authorities tracking income.
Allow Loss Set-Off
Permit crypto losses to offset crypto taxes in India gains within the same financial year and allow carry-forward for up to eight years matching equity market treatment, ending taxation of economically loss-making investors.
Differentiate Holding Periods
Introduce preferential tax rates for long-term holdings exceeding 12 months similar to equity LTCG treatment at 10-15%, encouraging investment over speculation and rewarding patient capital formation.
Raise TDS Threshold
Increase transaction threshold triggering TDS from Rs 10,000 to Rs 1 lakh or higher, exempting small retail investors from compliance burden while focusing enforcement on material transactions and high-value traders.
Clarify Asset Classification
Define clear categories for utility tokens, security tokens, stablecoins, and NFTs with differentiated tax treatment matching their economic substance rather than one-size-fits-all punitive approach applied currently across all digital assets.
Coordinate With Regulation
Align tax policy with forthcoming comprehensive crypto taxes in India regulation instead of using punitive taxation as de facto prohibition, creating coherent legal framework supporting innovation while ensuring appropriate revenue collection and investor protection.
Tax Authorities Have Already Identified Undisclosed VDAs Worth Rs 888.82 Crore and Issued Over 44,000 Notices to Taxpayers Flagged for Non-Disclosure
While Budget 2026 offered no relief on tax rates, the Income Tax Department has dramatically intensified enforcement actions targeting crypto non-compliance. Official data released by the Central Board of Direct Taxes in January 2026 reveals that tax authorities have identified undisclosed virtual digital assets worth Rs 888.82 crore through data matching exercises comparing exchange-reported TDS deductions against income declared in tax returns. This represents a massive enforcement effort analyzing millions of transactions across multiple assessment years to identify taxpayers who traded crypto but failed to report resulting income. The department has issued over 44,000 notices under various sections including Section 142(1) requiring information furnishing, Section 143(2) initiating scrutiny assessments, and Section 148 reopening past returns where income escapement is suspected.
The enforcement campaign reflects sophisticated data analytics capabilities combining TDS reports from Indian exchanges with bank transaction data, foreign remittance information, and in some cases cooperation agreements with international platforms. Tax authorities have developed specialized software identifying patterns suggesting crypto trading including multiple small deposits from P2P platforms, regular transfers to known exchange wallets, and banking relationships with crypto taxes in India service providers. Recipients of enforcement notices face demanding compliance timelines requiring production of complete transaction histories, cost basis calculations for all holdings, and detailed explanations for any discrepancies between exchange data and filed returns. Penalties for confirmed non-disclosure can reach 200% of tax liability plus interest at 12% annually, creating substantial financial exposure for non-compliant investors beyond the underlying 30% tax rate.
Starting 2026 India’s Tax Department Plans to Deploy AI-Driven Systems to Cross-Check TDS Data Against Income Declared in Tax Returns
The next phase of crypto taxes in India enforcement involves artificial intelligence and machine learning systems that will automatically identify discrepancies requiring investigation. The Income Tax Department has partnered with technology providers to implement AI-driven analysis platforms capable of processing billions of data points from TDS statements, annual information returns, bank account aggregators, and taxpayer-filed returns. These systems will flag cases where aggregate TDS deductions reported by exchanges exceed the income declared by taxpayers, identify patterns suggesting unreported offshore trading through VPN usage or foreign payment gateways, and predict non-compliance risk scores for targeted audit selection. The automation enables enforcement at scale previously impossible through manual review processes limited by staffing constraints.
Tax officials have indicated that AI systems will generate automated compliance notices without human review in clear-cut cases where TDS data definitively proves unreported income. An investor showing Rs 50,000 in TDS deductions but declaring zero crypto taxes in India income will receive immediate notice demanding explanation and supporting documentation. The burden shifts to taxpayers to prove reported income accuracy against machine-generated flags, reversing traditional audit processes where tax authorities bore the burden of proving income escapement. Privacy advocates have raised concerns about automated decision-making affecting individual tax liabilities without human oversight, while compliance professionals warn that AI systems may generate false positives requiring costly responses even from fully compliant taxpayers caught in data matching anomalies. The enforcement technology creates pressure for perfect compliance given the difficulty and expense of contesting algorithmically generated assessments.
Crypto Taxes in India Enforcement Actions and Statistics 2023-2026
Year-on-year escalation across all enforcement metrics
| Enforcement Metric | 2023-24 | 2024-25 | 2025-26 Projection |
|---|---|---|---|
|
Notices Issued |
18,500 | 44,000 | 75,000+ |
|
Undisclosed Assets Identified |
₹342 Cr | ₹888.82 Cr | ₹1,500+ Cr |
|
Scrutiny Assessments |
2,800 | 6,200 | 12,000+ |
|
Penalties Imposed |
₹68 Cr | ₹156 Cr | ₹300+ Cr |
|
AI-Flagged Cases |
Not Implemented | Pilot Phase | Full Deployment |
Source: CBDT data January 2026. Projections based on current enforcement trajectory.
Survey of Nearly 5,000 Indian Crypto Investors Shows 88% Understand the Current Tax Rules but Are Demanding Rationalization Not Removal
Industry stakeholders often characterize tax compliance issues as resulting from investor confusion or lack of awareness about reporting obligations. However, comprehensive survey research conducted by CoinDCX in partnership with market research firm Nielsen contradicts this narrative. The study of 4,847 active crypto investors across tier-1 and tier-2 Indian cities found that 88% correctly understood the basic tax framework including the 30% capital gains rate, 1% TDS mechanism, and prohibition on loss set-offs. This high awareness level reflects extensive education efforts by exchanges, tax software providers, and financial media covering crypto taxes in India comprehensively since Budget 2022 introduction. Investors are not ignorant of their obligations; they understand the rules perfectly well and consider them fundamentally unfair.
The survey’s most significant finding addressed what reforms investors actually want. Contrary to government concerns about complete tax abolition demands, 76% of respondents indicated willingness to pay reasonable taxes on crypto taxes in India gains if the regime were rationalized to match equity market treatment. Only 12% advocated for zero taxation, with the overwhelming majority seeking fairness rather than complete tax elimination. Specific reform priorities included allowing loss set-offs at 84% support, reducing TDS to nominal levels at 79% , introducing long-term capital gains preferential rates at 71%, and raising TDS threshold to Rs 1 lakh at 68% . The industry argument is not that crypto taxes in India should be tax-free, but that current rules violate basic tax principles by creating asymmetric treatment of gains and losses while imposing capital lockup mechanisms that destroy market functionality.
Allow Loss Set-Offs
Reduce TDS Rate
LTCG Preferential Rates
Raise TDS Threshold
Unocoin CEO Sathvik Vishwanath Says Budget 2026 Missed Its Chance and Calls for Loss Set-Offs Reduced Transaction Friction and a Clear Regulatory Framework for Exchanges
Unocoin CEO Sathvik Vishwanath, representing one of India’s oldest cryptocurrency exchanges operating since 2013, characterized Budget 2026 as a missed opportunity that perpetuates policy paralysis undermining the domestic crypto taxes in India ecosystem. In his official statement, Vishwanath emphasized three priority reforms that Budget 2026 could have implemented but ignored. First, allowing loss set-offs would align crypto taxes in India with every other investment asset class while ending the injustice of taxing economically loss-making investors. Second, reducing transaction friction through lower TDS rates or higher thresholds would restore some liquidity to domestic markets and slow the offshore migration hemorrhaging India’s crypto trading volumes. Third, providing clear regulatory framework for exchanges would end the regulatory limbo where platforms operate without formal licensing or oversight standards, creating compliance uncertainty and investor protection gaps.
Vishwanath’s critique extends beyond tax policy to the broader absence of coherent crypto regulation despite years of government deliberation. The proposed Cryptocurrency and Regulation of Official Digital Currency Bill has been pending since 2021, mentioned in multiple parliamentary sessions but never introduced for debate or passage. This regulatory vacuum forces exchanges to operate under informal Reserve Bank of India guidance and Finance Ministry tax rules rather than comprehensive legislation defining their legal status, operational requirements, and customer protection obligations. The resulting uncertainty discourages long-term investment in Indian crypto infrastructure, with platforms reluctant to commit capital to advanced trading systems, institutional custody solutions, or blockchain innovation initiatives when their fundamental legal status remains undefined. Vishwanath argues that tax reform alone is insufficient; India needs complete regulatory clarity providing certainty for businesses and protection for investors within a framework supporting innovation while addressing legitimate government concerns about financial stability and consumer protection.
ZebPay COO Raj Karkara Issues a Warning That Western Nations Are Integrating Crypto Into Mainstream Finance While India Risks Falling Further Behind
ZebPay COO Raj Karkara framed the crypto taxes in India Budget 2026 outcome within global competitive context, warning that Western nations are rapidly integrating cryptocurrency into mainstream financial systems while India’s punitive approach risks permanent marginalization. United States approved spot Bitcoin ETFs in January 2024, bringing institutional investment and regulatory legitimacy to crypto markets. These products have attracted over $60 billion in assets, demonstrating massive institutional appetite for compliant crypto exposure. European Union implemented Markets in Crypto-Assets regulation providing comprehensive licensing framework for crypto service providers, creating legal certainty supporting innovation and investment. Singapore, Hong Kong, and UAE have established sophisticated regulatory regimes attracting global crypto taxes in India businesses relocating from jurisdictions maintaining hostile or uncertain policies.
Karkara argues that India’s first-mover advantage in digital payments and fintech innovation is being squandered through crypto taxes in India policy that drives talent, capital, and entrepreneurship offshore. The country that pioneered UPI processing billions of transactions monthly and built world-class payment infrastructure is losing blockchain innovation race to competitors offering regulatory clarity and reasonable taxation. This competitive disadvantage extends beyond crypto trading to encompass broader blockchain applications including supply chain management, digital identity systems, decentralized finance protocols, and tokenized real-world assets. Companies exploring these use cases increasingly establish operations in Dubai, Singapore, or Switzerland rather than India despite access to superior technical talent and lower operational costs. The brain drain and capital flight create self-reinforcing cycles where ecosystem contraction reduces domestic opportunities, driving further migration in an accelerating spiral that Budget 2026 could have arrested but instead ignored.

Section 509 of the Income-Tax Act 2025 Now Places the Full Reporting Burden on Exchanges and Intermediaries Raising Compliance Costs Across the Ecosystem
Budget 2025’s introduction of Section 509 fundamentally restructured reporting obligations for crypto taxes in India transactions, shifting primary compliance responsibility from individual investors to exchanges and intermediaries. This provision requires platforms facilitating virtual digital asset transactions to furnish comprehensive annual information statements detailing every user’s trading activity, TDS deductions, and year-end holdings. The reporting format specified by Form 10-IC demands granular data including transaction timestamps, cryptocurrency types, quantities traded, INR values, counterparty details, and wallet addresses for both deposit and withdrawal operations. Exchanges must reconcile this data across multiple databases, implement quality assurance processes ensuring accuracy given the Rs 50,000 penalty for inaccurate reporting, and transmit formatted files to Income Tax Department systems by specified deadlines.
The compliance burden imposed by Section 509 has significantly increased operational costs for Indian crypto taxes in India exchanges already struggling with reduced revenues from plummeting trading volumes. Platforms must invest in specialized tax reporting software, hire compliance personnel with expertise in crypto taxes in India, implement audit procedures verifying data accuracy, and establish customer service capabilities addressing user queries about tax statements. Industry estimates suggest compliance costs ranging from Rs 50 lakh to Rs 2 crore annually for mid-sized exchanges, with larger platforms facing proportionally higher expenses. These fixed costs become unsustainable when revenue bases have declined 90% since TDS implementation, forcing some smaller exchanges to cease operations entirely rather than bear compliance expenses exceeding income. The consolidation benefits larger players but reduces competition and innovation within India’s crypto ecosystem.
Compliance Burden Under Section 509 Reporting Requirements
Four key obligation areas for Indian crypto taxes in India exchanges
Exchanges must report every trade with timestamp, asset type, quantity, INR value, fee structure, counterparty information, and wallet addresses for millions of annual transactions across user base.
Platforms must match TDS deductions against each qualifying transaction, generate Form 26QE certificates, file quarterly TDS returns, and resolve discrepancies before annual information statement submission.
Year-end holdings statements require tracking aggregate positions across trading pairs, calculating cost basis using specified methods, and reporting unrealized gains for tax planning purposes.
Given Rs 50,000 penalties for inaccurate reporting, exchanges implement multi-layer verification including automated checks, manual reviews, and third-party audits before final submission.
India’s Blockchain Ambitions Risk Being Undermined by Its Own Tax Policy as Global Tokenization Momentum Leaves Domestic Platforms Behind
The disconnect between India’s blockchain innovation ambitions and its crypto taxes in India reality creates policy incoherence undermining both objectives. Government initiatives including the National Blockchain Framework, various state-level blockchain policies, and public sector blockchain pilots demonstrate recognition of the technology’s potential for improving governance, reducing corruption, and enhancing service delivery. The Reserve Bank of India’s digital rupee pilot involving over 5 million users shows commitment to exploring blockchain applications in monetary systems. Yet the punitive crypto taxes in India regime drives away the very talent, capital, and entrepreneurial energy needed to realize these blockchain ambitions. Developers building real estate tokenization platforms, supply chain transparency solutions, or decentralized identity systems need robust crypto taxes in India ecosystems providing liquidity, token standards, and market infrastructure supporting their applications.
The global tokenization movement is accelerating with traditional financial institutions including BlackRock, Franklin Templeton, and JPMorgan launching tokenized fund products, real estate tokenization platforms going live in multiple jurisdictions, and central banks exploring wholesale CBDC settlement using distributed ledger technology. India risks complete marginalization from these developments if domestic crypto taxes in India infrastructure remains stunted by tax policy that prevents ecosystem maturation. Tokenization platforms require active secondary markets providing liquidity to fractional ownership tokens, sophisticated DeFi protocols enabling lending against tokenized collateral, and institutional-grade infrastructure supporting compliant token issuance and custody. These components cannot develop when the underlying crypto market faces 30% tax plus 1% TDS destroying trading activity. The result is that Indian blockchain innovation remains confined to closed government systems and pilot projects rather than scaling into competitive commercial applications that could position India as a global leader in the tokenization economy.[3]
Critical Compliance Principles for Crypto Taxes in India Budget Navigation
Eight essential steps every investor must follow
Maintain comprehensive transaction records including timestamps, cryptocurrency types, quantities, INR values, exchange platforms, wallet addresses, and fee structures for every trade regardless of profitability or transaction size.
Calculate cost basis accurately using FIFO method for assets acquired through multiple purchases, document calculation methodology, and maintain supporting documentation for all cost assumptions and fair market value determinations.
Reconcile TDS certificates received from exchanges against actual transaction data, identify discrepancies requiring correction or explanation, and ensure aggregate TDS matches amounts deducted from trading accounts before filing returns.
Report all crypto income regardless of source including trading gains, staking rewards, airdrops, mining income, and salary payments in cryptocurrency, with each category potentially requiring different tax treatment under applicable sections.
File Form 10-IC crypto income statement by July 31st deadline even when no tax is owed due to losses or below-threshold income, as non-filing triggers Rs 200 daily penalties regardless of actual tax liability.
Engage qualified tax professionals with crypto expertise for return preparation and audit defense, as complexity of calculations, volatility of valuations, and aggressive enforcement posture require specialized knowledge exceeding general practitioner capabilities.
Respond promptly to any tax department notices or information requests with complete documentation and professional representation, as delays or inadequate responses can escalate scrutiny and increase penalty exposure significantly.
Consider tax implications before executing trades, particularly for active strategies where TDS capital lockup and inability to offset losses can transform profitable trading into net economic losses after tax effects are included.
Crypto Taxes in India Budget 2026 outcome represents more than policy inaction. It signals deliberate government choice to maintain punitive taxation driving ecosystem destruction rather than pursuing balanced regulation supporting innovation while protecting consumers and ensuring appropriate revenue collection. The consequences extend beyond lost tax revenue from offshore migration to include talent drain, reduced competitiveness in blockchain innovation, and exclusion from global tokenization economy that could transform finance, real estate, supply chains, and identity systems. Without fundamental policy reconsideration, India’s crypto industry faces continued decline while competitor jurisdictions capture the economic benefits of this transformative technology.
Editorial Conclusion
Potential Path Forward for India Crypto Taxes in India Reform
Six-stage roadmap toward a rational crypto tax policy
Industry Consolidation and Advocacy
Exchanges, investors, and blockchain companies must present unified reform proposals with economic data demonstrating tax revenue losses from offshore migration, job displacement to competing jurisdictions, and ecosystem damage from current policy.
Regulatory Framework Completion
Government must finalize comprehensive crypto regulation defining legal status, operational requirements, and consumer protections creating clarity that enables rational tax policy aligned with asset classification and economic substance rather than punitive discouragement.
Incremental TDS Reform
As immediate relief measure, reduce TDS rate to 0.1% or raise threshold to Rs 1 lakh, providing breathing room for domestic trading while maintaining transaction visibility and demonstrating government willingness to engage on reform.
Loss Set-Off Permission
Amend Section 115BBH permitting intra-head loss set-off for crypto trades and carry-forward provisions, ending the fundamental inequity of taxing gross gains while disallowing losses and aligning treatment with equity markets.
Holding Period Differentiation
Introduce long-term capital gains preferential rates at 10-15% for holdings exceeding 12 months, encouraging investment over speculation and rewarding patient capital formation consistent with policy goals.
International Coordination
Develop bilateral agreements with major crypto jurisdictions enabling information exchange about Indian users on offshore platforms, improving enforcement while potentially reducing reliance on heavy-handed TDS mechanisms that destroy domestic markets.
Navigate crypto taxes in India Complexity With Expert Guidance
Our specialized team helps crypto investors and exchanges ensure full compliance while minimizing tax liability through strategic planning and accurate reporting.
Important Points to Know
Everything that matters about Budget 2026 crypto rules — simplified
What Stayed the Same
You still pay 30 % tax on every crypto profit. The 1 % TDS on every transaction continues. You still cannot set off your losses from one coin against gains from another coin. No deductions allowed except your original purchase cost.
What Changed From April 1, 2026
Three new penalties are now active. Failure to file crypto transaction statements on time costs Rs 200 per day until filed. Wrong information not corrected attracts a flat Rs 50,000 penalty. Exchanges, wallet providers, and intermediaries are all covered under this rule.
The Big Problem Nobody Is Talking About
You can lose money in crypto and still pay tax. Nearly half of Indian crypto investors ended last year with net losses but still paid capital gains tax on profitable trades because losses cannot be adjusted. This cost investors around Rs 180 crore in unnecessary tax.
The Offshore Escape
Over 72 % of India’s crypto trading volume has already moved to foreign exchanges. Traders are going offshore to avoid the high tax burden. The government is tightening rules but not reducing the tax that is causing people to leave in the first place.
What the Industry Is Saying
WazirX founder Nischal Shetty called the current tax system a key friction point damaging India’s liquidity. CoinSwitch co-founder Ashish Singhal demanded TDS be cut from 1 % to 0.01 % Unocoin CEO Sathvik Vishwanath said Budget 2026 missed its chance completely.
The Finance Minister Said Nothing
Nirmala Sitharaman did not mention crypto, Bitcoin, or digital assets even once in her entire Budget speech. The penalty changes were quietly inserted in the Finance Bill document. The silence was the loudest message the crypto industry received.
What You Must Do Right Now
Make sure your exchange is reporting your transactions correctly. Keep all records of your crypto buys and sells. If you have not filed your VDA transactions properly in previous years, be aware that tax authorities have already sent over 44,000 notices and identified Rs 888 crore in undisclosed crypto assets.
Bottom Line
The government wants your crypto taxes paid on time and in full but is not ready to make the rules fair for investors yet.
Effective from Assessment Year 2026-27. All penalties applicable from April 1, 2026.
People Also Ask
India continues to impose a 30% tax on all crypto gains with no deductions allowed, plus a 1% TDS on every transaction. Budget 2026 announced no changes to this regime despite widespread industry demands for reform and rationalization.
Over 72% of trading volume has shifted offshore because the 1% TDS locks up capital on every trade, making frequent trading unprofitable. Offshore platforms offer better liquidity and no transaction deduction requirements for Indian users.
No, Indian tax law specifically prohibits setting off crypto losses against gains. This means you pay 30% tax on profits but cannot deduct losses, forcing nearly half of investors to pay tax despite net losses.
In the new Union Budget 2026, crypto users in India will face stricter tax rules. From April 1, 2026, if you don’t file your crypto tax details, you will have to pay ₹200 per day as a penalty. If you report wrong information, there will be a ₹50,000 fine.
Each trade deducts 1%, so three consecutive Rs 1 lakh trades lock nearly Rs 3,000 as TDS even with zero profit. This capital drain makes day trading and active strategies financially unviable for most retail investors.
Yes, tax authorities have issued over 44,000 notices to investors and identified undisclosed crypto assets worth Rs 888.82 crore. The department is actively pursuing non-compliant taxpayers through data matching and AI systems.
Nischal Shetty calls it a friction point damaging India’s standing, Ashish Singhal demands TDS reduction to 0.01%, and Raj Karkara warns India is falling behind while Western nations integrate crypto into mainstream finance.
Finance Minister Nirmala Sitharaman remained completely silent on crypto reform in Budget 2026, suggesting no immediate policy changes. Industry experts believe rationalization may take years without sustained pressure and economic evidence.
From 2026, the tax department will deploy AI-driven systems to cross-check TDS deductions against income declared in returns, automatically flagging discrepancies and non-disclosure for investigation and penalty proceedings.
Investors want loss set-offs allowed, TDS reduced from 1% to 0.01%, clear regulatory framework for exchanges, and tax treatment aligned with equity markets rather than treating crypto as speculative assets.
Reviewed & Edited By

Aman Vaths
Founder of Nadcab Labs
Aman Vaths is the Founder & CTO of Nadcab Labs, a global digital engineering company delivering enterprise-grade solutions across AI, Web3, Blockchain, Big Data, Cloud, Cybersecurity, and Modern Application Development. With deep technical leadership and product innovation experience, Aman has positioned Nadcab Labs as one of the most advanced engineering companies driving the next era of intelligent, secure, and scalable software systems. Under his leadership, Nadcab Labs has built 2,000+ global projects across sectors including fintech, banking, healthcare, real estate, logistics, gaming, manufacturing, and next-generation DePIN networks. Aman’s strength lies in architecting high-performance systems, end-to-end platform engineering, and designing enterprise solutions that operate at global scale.






