Crypto Tax Regulations in 2024: What You Need to Know

Meghalya Pant
Invest Gaming Journal
6 min readJul 30, 2024

No Changes in Crypto Tax Rules & Regulations in 2024: Essential Info You Need.

Get the latest on crypto tax regulations in 2024. Learn how the 30% tax rate and the 1% TDS impact your investments. Read now for essential insights.

Do you frequently trade or invest in cryptocurrencies and other virtual digital assets? If yes, then you must pay cryptocurrency taxes in India.

But how much do you know about India’s cryptocurrency tax laws? How much are you obliged to pay in profits?

Cryptocurrency in India is on the rise, with even higher acceptance rates and market share expected, especially shortly. The Indian government has implemented stringent policies aimed at organizing the financial sector, including measures that help discourage tax evasion as well. These events and scenarios require one to learn more about the crypto environment.

An Overview of Crypto Tax Regulations in India

On July 23, Indian Finance Minister Nirmala Sitharaman presented the 2024–2025 Union Budget speech, where existing cryptocurrency tax regulations were justified. The legal sort of cryptocurrency in India for investing has not remained stable, mainly because of the legal perspective related to cryptocurrency.

The Supreme Court of India later reversed the RBI’s order that prohibited banks from using cryptos. This is why the issue of accurate regulation of cryptocurrency assets took on considerable significance when officials pronounced this legal about-face.

Key Regulatory Milestones Up to 2024:

2018: The RBI released a circular to stop functioning with cryptocurrency companies.

2020: The Supreme Court of the Indian Republic nullified the RBI Order, and thus banks can continue to provide their services to cryptocurrency companies.

2021: Introduce the Cryptocurrency and Regulation of Official Digital Currency Bill, intending to build a framework for digital.

2022: The Union Budget imposes a 30% tax on profits from cryptocurrency transfers, commencing April 1, 2022. A 1% TDS on transactions over ₹50,000 (or ₹10,000 in some instances) is implemented.

2023: Despite requests for simpler and more extensive legislation, the regulatory environment remains steady, with the 30% tax rate and TDS rules in place.

“According to Budget 2022–2023, crypto tax regulations require a flat rate of 30% on gains from virtual digital assets (VDAs) or crypto assets, regardless of the individual’s income tax slab rate. Furthermore, a 1% tax deducted at source (TDS) was levied on each transfer of such assets.”

Cryptocurrency Tax In India

  • The Income Tax Act now includes Section 2(47A), which provides a precise definition and classification for virtual digital assets.
  • Section 115BBH of the 2022 Budget imposes a 30% tax (4% cess) on the earnings from trading cryptocurrencies or other virtual digital assets beginning April 1, 2022.
  • The 194S provision also imposes a 1% tax at source on the transfer of cryptocurrency and other VDAs beginning July 1, 2022, if the transactions reach INR 10,000 (and even INR 50,000 in some situations) in the same fiscal year.
  • TDS rates apply to investors, traders, and anyone who transfers digital assets during the fiscal year.
  • This tax rate applies to all investors, regardless of income, and makes no distinction between short-term and long-term profits.
  • If the transaction is performed on an Indian exchange, the TDS will be deducted, and the remaining amount will be paid to the seller. In this instance, the buyer does not have to take any action.

Latest Updates on Crypto Tax India 2024

Over the years, the government and the Income Tax Department (ITD) have provided comprehensive guidelines on cryptocurrencies and their possible taxation to investors.

Vendors who deal with the purchase and sale of virtual digital assets, including, but not limited to, cryptocurrencies, are supposed to disclose their income by the year 2024. If retained as part of an investment portfolio, the profits should be recorded as capital gains.

If the said assets could be resold, recorded business income should be used as the presentation method. As a recap, those with business income should file ITR-3 and not ITR-2, as it has been given thought for people with this income type.

Understanding The Sections of Crypto Tax Regulations

Tax Deducted at Source (TDS) aims to speak to any traders and investors in cryptocurrencies since those involved in the business engage in transactions through which, at source, a specific percentage is deducted. A buyer who owes a payment to the seller must deduct the TDS and send it to the federal government. Only the balance will be paid to the vendor.

  • Section 271C addresses the penalty for failing to deduct or pay Tax Deducted at Source (TDS) or Tax Collected at Source (TCS).
  • Section 276B addresses prosecution for failing to deduct or pay TDS after deducting it.

Penalties under Section 271C

The penalty amount is equal to the amount of tax not deducted or paid.

Exception: Showing reasonable reasons for noncompliance exempts from penalty.

Recent clarification: The Supreme Court determined that Section 271C does not apply to delays in remitting deducted TDS to the government offers.

Penalties under Section 276B

Punishment: Up to 7 years in jail, a fine of up to 200% of the tax, or both.

Applicability: This should only be done for purposeful non-compliance which will mean that the person has the intention of dodging taxes.

Threshold: Any amount over and above Rs. 50,000 can only be prosecuted.

It is critical to meet the ITD’s deadlines. The Income Tax Return (ITR) for Fiscal Year 2023–24 must be filed by July 31, 2024. Those who miss the deadline can file a delayed return until December 31st, 2024, with any applicable interest and penalties.

When will you pay a 30% tax on crypto in India?

You may need to pay the 30% tax whenever you make the following transactions:

  • Selling crypto for INR or another fiat currency.
  • Trading crypto for crypto, including stablecoins.
  • Spending crypto on goods and services.
  • Accept cryptocurrencies as payment for a service.
  • Received cryptocurrency as a present.
  • Mining cryptocurrency.
  • Drawing a salary in cryptocurrency
  • Staking cryptocurrency and getting stake rewards
  • Receiving Airdrops

Understanding the current cryptocurrency tax landscape.

The 30% flat tax

A flat 30% tax is levied on any revenue generated by the sale, transfer, or disposal of VDAs, including Bitcoin, Ethereum, and NFTs. Investors cannot claim any deductions or exemptions for this revenue. The high tax rate severely decreases the potential earnings from cryptocurrency investments.

The 1% TDS

According to the payer’s POV, the individual making the payment (the buyer) is liable for deducting and submitting TDS with the Income Tax Department. Liquidity which is affected by the TDS requirement is an effect of the decision on the cryptocurrency market’s liquidity levels.

No Loss Offset

While selling VDAs, any losses that are realized cannot be set off against any other income, or be carried forward to future periods. The main effect of this sort of investment decision is that the assets that can be lost might prevent huge investments in cryptocurrency in the long term.

Conclusion

As an investor or trader of cryptocurrencies in India, you need to be familiar with taxation on Bitcoin and other digital currencies in the country. The crypto tax laws in India are complex and are still emerging, hence the need for the person to be up-to-date and accurate in paying taxes.

When dealing with such issues, it will be wise to consult cryptocurrency-specialized tax advisors. They may consult with you individually and help you devise strategies for managing taxes by adhering to all the requirements to the least possible amount of taxes. You may also seek the assistance of experts to be posted on the current legal measures and the impact they may have on your possessions.

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Meghalya Pant
Invest Gaming Journal

I am a Crypto Consultant with expertise in all popular crypto projects like Ethereum, Flow, Solana, etc.