Navigating New Tax Legislation on Cryptocurrency and Its Effects in India

Tax Legislation on Cryptocurrency and Its Effects in India

The legitimacy of cryptocurrencies in India remains disputed, but current tax legislation on cryptocurrencies is impacting both individuals and businesses. The latest accounting year, which ends in March, is the first one in which India, the nation with the highest proportion of cryptocurrency individuals worldwide, has officially clarified cryptocurrency taxation. According to the current Financial Act of 2022, everyone who is an Indian taxable person and earns money from cryptocurrencies, including traders, miners, yield farmers, and recipients of airdrops, will also have to report actual property and pay taxes.

Whether cryptocurrency is legal or illegal is another matter; however, I will tax it since I have the power to do so” according to the Minister of Finance. Even if the legitimacy of cryptocurrencies in India remains up for dispute, the government has taken numerous measures to stifle its use, including many investigations into significant bitcoin trading and alerts to high-net-worth clients.

The New Level of Crypto Taxation

Despite the continuing debate about cryptocurrency rules, the financial act outlining cryptocurrency taxation restrictions was enacted in March. Although Indian government authorities didn’t get a formal position on crypto trading earlier than the Finance Act of 2022, that shouldn’t indicate that the coins were not responsible for paying taxes. The treatment of cryptos in India has undergone a thorough revision due to the Finance Act of 2022. The Financial Act is among India’s initial legislation to acknowledge cryptocurrencies and has been in effect since April 1.

It distinguishes cryptocurrency from “currency” supported by the government’s central bank by classifying them as “virtual digital assets.” Most cryptocurrencies, coins, and NFTs fall under the umbrella term “virtual digital assets,” which is purposefully vague. However, the meaning has still been changing due to the terminology’s recent development. For example, a notice dated June 30 excluded gift certificates, loyalty points, and memberships from the definition of virtual digital assets, or VDAs.

What Losses Would Take Place?

Losses were not recognized; thus, investors can’t deduct cap gains from deficits or business expenditures, which is among India’s most condemned features of crypto tax legislation. The phrase is an obvious attempt to restrict cryptocurrencies in a sector where deficits are much more frequent than gains.

Effects upon Traders and Small-scale Investors

  • Due to the 1 percent TDS (taxes deducted at source), elevated trading is no longer feasible in India. Anoush Bhasin, a cryptocurrency taxation advisor and the owner of Quagmire Consulting, claims that investors lose 1 percent of the overall of their cash on every sale. 
  • The imposition of these fees and the current market crash have severely reduced trade on the main cryptocurrency exchange in India. Because of this, investors are compelled to consider taxation’s effect on their trading outcome when making choices. 
  • Bhasin included, “There isn’t any legal clarification regarding TDS for custody-based exchange, decentralized transactions, or non-custodial pockets.” Certain cryptocurrency investors in India have significantly changed their perspective to one of lengthy ownership to reduce or even avoid taxation.
  • According to a dealer who spoke anonymously, the individuals that held onto rules across the 2018–2020 restriction were thought to have gained more than any other. “India has radically changed laws previously.

Impact on Both Old and Newer Crypto Businesses

Blockchain experts and attorneys have noticed a large skills shortage in India and a general inclination to establish businesses in countries with a more welcoming attitude toward cryptocurrencies. According to Bhasin, existing companies have relocated abroad in pursuit of less complex laws. This includes significant participants like the inventors of the blockchain Polygon as well as the cryptocurrency exchange in India, WazirX, both of whom have moved to Dubai.

A fresh ITR (taxes) proposal by the government of India might attack businesses and people who have relocated outside of India yet maintain trade relationships there. The current proposal mandates the disclosure of international people and organizations’ investments inside India. The particular business would also influence how the new guidelines are felt. Certain businesses have turned to alternatives as a way to accept cryptocurrency payments. According to Bhasin, the large percentage of businesses still working in India were rear technology or customer support suppliers who can only transact in fiat and don’t have any interaction with cryptocurrencies.

Looking to the Future

Most specialists concur that India’s tax regulations harm cryptocurrency and have a disproportionate effect. According to the latest comments by Changpeng Zhao, CEO of Binance, the world’s greatest cryptocurrency exchange, heavy taxation in India would “destroy the business.” However, India’s 2023 G20 chairmanship and its sustained focus on cryptocurrency regulations suggest that the nation will significantly influence the creation of universal cryptocurrency rules. It will be interesting to discover whether the goal is to demand a complete ban on cryptocurrency or to create a legal environment that fosters innovations.


A modern tech that will undoubtedly sweep over in the coming years is cryptocurrency. This must therefore be legalized and controlled as early as feasible in India. When managing cryptocurrencies, suitable procedures must be taken to guarantee there are no illicit transactions involving such electronic currency because the secrecy connected with its usage is important to remember. Regarding the taxes on cryptocurrencies, it is essential to remember that almost all payments, regardless of their format, must be subjected to taxes because, if regulated, they will bring in a significant amount of money for such government offers.

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