Legal Status of Cryptocurrencies in India: What You Can and Can’t Do in 2025

Legal Status of Cryptocurrencies in India: What You Can and Can’t Do in 2025

India Crypto Tax Calculator 2025

Calculate your net proceeds after India's 30% crypto tax, 1% TDS, and 18% GST. Input your purchase and selling price to see the total tax burden.

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Important Note: This calculator simplifies India's complex tax rules. Actual liability may vary based on specific circumstances, losses, or additional regulations. Consult a tax professional for accurate compliance.

India doesn’t ban cryptocurrencies, but it doesn’t exactly welcome them either. As of 2025, you can buy, sell, and hold Bitcoin, Ethereum, and other digital assets - but the government treats them like high-risk investments, not money. If you’re trading crypto in India, you’re navigating one of the strictest tax and compliance systems in the world. Here’s what you actually need to know.

Bitcoin and crypto are legal - but not as money

You can legally own cryptocurrency in India. There’s no law saying you can’t hold Bitcoin or trade altcoins. But here’s the catch: they’re not legal tender. That means no business is required to accept Bitcoin as payment for goods or services. If you try to pay your rent in Ethereum, your landlord can say no - and they won’t be breaking any rules. Only the digital rupee, the central bank digital currency issued by the Reserve Bank of India, has legal tender status.

The government calls these assets Virtual Digital Assets (VDAs), not cryptocurrencies. That label matters. It signals that the state sees them as property, not currency. You can’t use them to pay taxes, settle debts, or buy government bonds. They exist in a legal gray zone: allowed for investment, blocked from everyday use.

The 30% crypto tax - and why it’s crushing traders

India’s crypto tax rules are among the harshest anywhere. Any profit you make from selling Bitcoin, Ethereum, or even an NFT is taxed at a flat 30%. No deductions. No loss offsets. Even if you lost money on other trades, you can’t use those losses to reduce your tax bill.

Here’s how it works: You buy 1 BTC for ₹30 lakh. A year later, you sell it for ₹45 lakh. Your profit? ₹15 lakh. You owe ₹4.5 lakh in taxes - no matter how long you held it. Compare that to the U.S., where long-term capital gains on crypto can be taxed as low as 0% or up to 20%, depending on income. In India, it’s always 30%.

Then there’s the 1% TDS. Every time you sell crypto on an exchange - even if you’re breaking even - the platform must deduct 1% of the total transaction value and send it to the government. So if you sell ₹10 lakh worth of crypto, ₹10,000 gets taken before you even see your money. If you trade frequently, this adds up fast. Many users report paying more in TDS than their actual profits.

On top of that, Bybit and other exchanges now charge an 18% GST on all trades - spot, margin, staking, even withdrawals. That’s not income tax. That’s a sales tax on the transaction itself. Combine the 30% income tax, 1% TDS, and 18% GST, and you’re looking at over 49% in total tax on a single trade. No other major economy does this.

Trader holding a paper crane with tax labels as money falls away

Who’s watching you - and how

It’s not just about taxes. The government has built a surveillance system around crypto. Since March 2023, every exchange, wallet provider, or crypto service operating in India must register with the Financial Intelligence Unit-India (FIU-IND) under the Prevention of Money Laundering Act. That means you can’t use an offshore exchange without jumping through compliance hoops.

Exchanges now require full KYC: your ID, address, PAN card, and even proof of source of funds. They monitor your trades, flag suspicious activity, and report it to authorities. If you’re moving large sums between wallets or using peer-to-peer platforms, you’re still in the system. The government can trace those transactions.

And now, SEBI is in the game. Since April 2025, tokens that act like securities - think tokens offering profit-sharing, dividends, or equity-like rights - fall under securities law. That means some DeFi tokens, yield farms, and tokenized assets could be treated like stocks. Violations could mean fines or criminal charges.

What happened in 2020 - and why it still matters

Before 2020, India’s crypto scene was nearly dead. In April 2018, the Reserve Bank of India banned banks from serving crypto businesses. No bank accounts. No UPI. No withdrawals. Exchanges shut down. Traders were stuck.

Then came the Supreme Court judgment in March 2020. The court ruled the RBI’s ban was unconstitutional. It wasn’t proportional. It wasn’t based on evidence. The decision restored access to banking services and revived the market. Today, over 107 million Indians hold crypto - the third-largest user base globally, after the U.S. and Nigeria.

That ruling didn’t make crypto legal tender. It didn’t stop taxes. But it did prevent a full ban. That’s why today’s system is so complicated: the government allows crypto to exist, but makes it so expensive and regulated that most people treat it as speculation, not spending money.

Paper labyrinth of regulations leading to a small crypto wallet

What’s next? The 2025 signals

The government hasn’t given up on control. In June 2025, officials promised a discussion paper on a new crypto framework. It hasn’t been released yet. But insiders say it could clarify three big questions:

  • Are DeFi protocols legal? Can you lend crypto on Aave or Compound without breaking rules?
  • How are staking rewards taxed? Are they income? Capital gains? Something else?
  • Will custody services be regulated? Who’s allowed to hold your crypto for you?

India is also preparing for a Financial Stability Board (FSB) peer review in October 2025. That means pressure to align with global standards - possibly lowering some barriers. But don’t expect a tax cut. The government collected over ₹1,200 crore in crypto taxes in FY 2024-25. That’s a big revenue stream.

Meanwhile, the digital rupee is being tested. The RBI wants a state-backed digital currency that’s traceable, secure, and controlled. That’s the real goal: replace private crypto with a government version.

What this means for you

If you’re an investor: Keep detailed records. Track every buy, sell, swap, and staking reward. Use tax software designed for Indian crypto rules. Don’t assume your exchange will do it for you. Most don’t.

If you’re a trader: Be aware that TDS hits on volume, not profit. High-frequency trading can wipe out your gains before you even cash out. Consider using decentralized exchanges - but know that you’re still liable for taxes.

If you’re a business: Don’t accept crypto as payment unless you’re ready to handle GST, TDS, and income tax on every transaction. The compliance cost may outweigh the benefit.

If you’re thinking of starting a crypto project: The regulatory burden is high. Many developers have moved to Singapore, Dubai, or Portugal. India’s ecosystem is growing - but the cost of compliance is pushing innovation offshore.

The truth? Crypto in India is a paradox. The people are here - millions of them. The tech is here. The interest is real. But the system is designed to discourage use, not enable it. You can trade. You can hold. But you’re paying a heavy price for the privilege.

Is it legal to buy Bitcoin in India in 2025?

Yes, it’s legal to buy, sell, and hold Bitcoin and other cryptocurrencies in India. They are classified as Virtual Digital Assets (VDAs) under the Income Tax Act. However, they are not legal tender, meaning businesses aren’t required to accept them as payment.

What is the crypto tax rate in India?

All gains from cryptocurrency transactions are taxed at a flat 30%. There are no deductions for expenses or losses. Additionally, a 1% Tax Deducted at Source (TDS) applies to all crypto transfers above ₹50,000 (or ₹10,000 in a single day). An 18% GST is also charged on transaction fees by exchanges like Bybit, making the effective tax burden exceed 49% on some trades.

Do I have to report crypto on my tax return?

Yes. All cryptocurrency gains must be reported under the head "Income from Other Sources" in your annual income tax return. You must maintain records of all transactions, including dates, amounts, and transaction IDs. Failure to report can lead to penalties, interest, or even prosecution under the Income Tax Act.

Can I use crypto to pay for goods in India?

Technically, yes - if both you and the seller agree. But it’s not legal tender. The seller can refuse payment in crypto without breaking any law. Only the digital rupee, issued by the Reserve Bank of India, has legal tender status. Most businesses avoid crypto payments due to tax and compliance risks.

Are crypto exchanges regulated in India?

Yes. All crypto exchanges and service providers must register with the Financial Intelligence Unit-India (FIU-IND) under the Prevention of Money Laundering Act. They must implement KYC, monitor transactions, report suspicious activity, and collect 1% TDS on sales. Many international exchanges have blocked Indian users because compliance is too costly.

What happens if I don’t pay crypto taxes in India?

You risk penalties, interest, and legal action. The Income Tax Department can match your crypto transaction data with bank records and exchange reports. Unreported gains can lead to tax reassessments, fines up to 200% of the tax due, and even prosecution for tax evasion under Section 276C of the Income Tax Act.

Is staking crypto taxable in India?

Yes. Staking rewards are treated as income and taxed at 30% when received. The government has not clarified whether they should be taxed as ordinary income or capital gains, but current practice treats them as taxable income at the time of receipt. You must report the fair market value in INR on the day you receive the reward.

Can I use a foreign crypto exchange in India?

You can, but it’s risky. Foreign exchanges aren’t required to comply with Indian tax or KYC rules. However, you’re still legally responsible for reporting all gains to the Indian tax authorities. Using offshore platforms doesn’t exempt you from tax. The government can track your transactions through bank transfers and blockchain analysis tools.

Leo Luoto

I'm a blockchain and equities analyst who helps investors navigate crypto and stock markets; I publish data-driven commentary and tutorials, advise on tokenomics and on-chain analytics, and occasionally cover airdrop opportunities with a focus on security.

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Comments

9 Comments

Suhail Kashmiri

Suhail Kashmiri

Bro, this whole system is just state-sanctioned robbery. You buy crypto, you hold it, you actually make money - and the government takes nearly half just for existing. No other asset class gets taxed like this. It’s not regulation, it’s punishment. And they wonder why people use P2P or offshore exchanges? Because they’re not stupid.

Kristin LeGard

Kristin LeGard

India’s crypto policy is a joke. You tax people at 30% but don’t let them use it as money? That’s not policy - that’s performance art. Meanwhile, the U.S. lets people invest and spend. Europe has clear rules. India? You’re just a tax farm with Wi-Fi. And don’t even get me started on the 1% TDS on every single trade - it’s like charging a toll every time you breathe.

Arthur Coddington

Arthur Coddington

Let me ask you something: if crypto is just a ‘Virtual Digital Asset’ and not money, why does the government care so much? Why the surveillance? Why the TDS? Why the GST on every swap? They don’t want you to succeed. They want you to think it’s too hard. That’s not regulation. That’s psychological warfare. And honestly? It’s working. I’ve seen friends quit. Not because they lost money - because they lost hope.

Phil Bradley

Phil Bradley

Remember when people said crypto was dead in India after the 2018 bank ban? Then the Supreme Court said ‘nah, that was illegal’ and boom - 107 million users. The government didn’t stop it. They just made it expensive. And now they’re taxing staking rewards like they’re your salary? That’s not innovation. That’s fear. They’re scared of decentralization. They want control. And they’re willing to crush an entire generation of tech-savvy Indians to get it.

Stephanie Platis

Stephanie Platis

Let’s be precise: the 30% tax on capital gains is not ‘flat’ - it’s confiscatory. Furthermore, the 1% TDS applies to the entire transaction value - not profit - which means you’re paying tax on your principal if you break even. And the 18% GST on exchange fees? That’s a regressive sales tax on financial services - a category explicitly exempt in most jurisdictions. This is not a tax regime. It’s a regulatory landmine.

Michelle Elizabeth

Michelle Elizabeth

It’s funny - the government calls it ‘Virtual Digital Assets’ like that makes it sound less real. Like if you name something ‘digital potato,’ it stops being a potato. But people aren’t buying ‘VDAs.’ They’re buying Bitcoin. They’re staking Ethereum. They’re building DeFi apps. The labels don’t change the tech. They just make the paperwork uglier. And honestly? The real innovation isn’t in the exchanges - it’s in the people who still show up despite the chaos.

Joy Whitenburg

Joy Whitenburg

Okay but like… why is everyone so mad? I get it, the taxes are wild. But I’ve been trading since 2021 and I’ve still made more than my day job. Yeah, I pay 49% in taxes - but I still walk away with cash. Maybe the system’s broken… but it’s not broken enough to stop me. I just use CoinSwitch and keep receipts. And I don’t cry about it. I just trade smarter.

Kylie Stavinoha

Kylie Stavinoha

India’s approach to crypto reveals a deeper tension: between modernity and control. The people have embraced blockchain as a tool of financial autonomy. The state sees it as a threat to monetary sovereignty. The digital rupee isn’t just a competitor - it’s a replacement. And until the government recognizes that trust in crypto comes from decentralization - not taxation - they will continue to alienate the very users they claim to protect.

Diana Dodu

Diana Dodu

Let’s be real - this isn’t about taxes. It’s about power. The RBI doesn’t want people holding assets outside their control. The government doesn’t want citizens using untraceable money. They’re terrified of losing their monopoly on value. And they’re using tax laws like weapons. Every 1% TDS, every GST, every KYC form - it’s not compliance. It’s coercion. And they’re winning. Because most people just give up.

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