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Tax Planning
15 min read
April 21, 2025

Cryptocurrency Tax Masterclass 2025: VDA Taxation, TDS, and Schedule VDA Filing

Complete guide to Section 115BBH (30% tax), Section 194S (1% TDS), loss offset prohibition, and compliance

TL;DR
  • 30% flat tax + 4% cess = 31.2%: No slabs, no deductions, no exemptions
  • 1% TDS (Section 194S): Deducted on every sale above ₹10,000 cumulative per year
  • NO loss offset: Losses from one crypto cannot reduce gains from another - losses die forever
  • Schedule VDA mandatory: Report all crypto in ITR from AY 2023-24

Harsh Reality Check

India has one of the world's most punitive crypto tax regimes: 30% flat tax on gains, 1% TDS on every transaction, and NO loss offsetting. Even a ₹10,000 gain from crypto is taxed at ₹3,000.

What are Virtual Digital Assets (VDA)?

Budget 2022 introduced the term "Virtual Digital Assets" (VDA) covering cryptocurrencies, NFTs, and similar digital tokens (excluding gift vouchers and loyalty points).

VDA Includes:

  • • Bitcoin, Ethereum, altcoins
  • • NFTs (art, gaming assets)
  • • Utility tokens
  • • Stablecoins (USDT, USDC)
  • • DeFi tokens
  • • Exchange tokens (BNB, FTT)
  • • Meme coins (DOGE, SHIB)
  • • Any crypto asset on blockchain

Section 115BBH: The 30% Flat Tax

Key Features

30% Flat Rate (+ 4% cess = 31.2% total)

  • • No slabs - even ₹10,000 profit = 30% tax
  • • No deductions (80C, 80D, etc.)
  • • Cannot be reduced by choosing old regime

NO Loss Offset

  • • Loss from one crypto CANNOT offset gain from another
  • • Loss cannot be carried forward to next year
  • • Loss cannot offset other income (salary, business)

Only Direct Cost Allowed

  • • Purchase price of crypto
  • • Transaction fees (buy/sell)
  • • Gas fees (for blockchain transactions)
  • • Nothing else (no electricity, internet, hardware)

Section 194S: 1% TDS on Every Transaction

From July 1, 2022, exchanges must deduct 1% TDS on every crypto sale above ₹10,000 (cumulative per year).

How TDS Works

Example: Simple Sale

  • • You sell Bitcoin for ₹1,00,000
  • • Exchange deducts 1% TDS = ₹1,000
  • • You receive: ₹99,000
  • • TDS certificate (Form 26AS) shows ₹1,000 credit

₹10,000 Threshold (Tricky!)

TDS applies if cumulative transactions exceed ₹10,000 in FY:

  • • First sale: ₹5,000 → No TDS
  • • Second sale: ₹6,000 → Total ₹11,000 → TDS on ₹6,000
  • • All subsequent sales → 1% TDS

Schedule VDA in ITR

From AY 2023-24, ITR has a dedicated "Schedule VDA" to report all crypto income.

What to Report

1

Sale Details

Date of sale, quantity, sale price, buyer PAN (if P2P)

2

Purchase Details

Date of purchase, quantity, cost, transaction fees

3

Profit Calculation

Sale price - cost - fees = Taxable profit

4

TDS Deducted

Amount of TDS (from Form 26AS or exchange certificate)

Tracking Cost Basis: The Nightmare

Method 1: FIFO (First-In-First-Out)

Assume first coin bought is first sold. Income Tax Act doesn't specify method, but FIFO is generally accepted.

Example:

  • • Jan 2024: Buy 1 BTC @ ₹20L
  • • Mar 2024: Buy 1 BTC @ ₹30L
  • • Jun 2024: Sell 1 BTC @ ₹35L
  • • FIFO: Cost = ₹20L, Profit = ₹15L

Problem: Multiple Exchanges, Wallets, Trades

If you trade across Binance, WazirX, CoinDCX + move coins to wallets, tracking cost basis manually is nearly impossible.

Solution: Use crypto tax software (Koinly, CoinTracker, ZenLedger) to auto-calculate.

Key Takeaway

The only legal strategy: Minimize trades to reduce 1% TDS drain and 30% tax events. If you must trade, document EVERY transaction with FIFO cost basis. Use crypto tax software like Koinly or CoinTracker to auto-calculate. Report accurately in Schedule VDA - IT Department has exchange data and mismatches trigger Section 148 reassessment notices with 200% penalties.

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Real-World Tax Calculation

Scenario: Active Trader

FY 2024-25 Activity:

  • • Trade 1: Buy BTC @ ₹20L, Sell @ ₹30L = ₹10L profit
  • • Trade 2: Buy ETH @ ₹15L, Sell @ ₹12L = ₹3L loss
  • • Trade 3: Buy DOGE @ ₹1L, Sell @ ₹2L = ₹1L profit

Tax Calculation (Harsh Reality):

  • • Total Gains: ₹10L + ₹1L = ₹11L
  • • Total Losses: ₹3L (CANNOT offset gains!)
  • • Taxable Income: ₹11L (not ₹8L)
  • • Tax @ 31.2%: ₹3,43,200
  • • TDS already deducted: ₹11,000 (1% of ₹11L)
  • Tax Payable: ₹3,32,200

Common Income Tax Notices for Unreported Crypto

Section 148: Reassessment Notice

IT Dept matches exchange TDS data with your ITR. If mismatch found, notice issued demanding explanation + taxes.

Section 142(1): Inquiry Notice

Asks for details of crypto holdings, transactions, profit/loss statements, and TDS certificates.

Penalty Risk

Non-disclosure can attract 50-200% penalty under Section 270A + interest @ 1% per month.

How to Respond to Crypto Tax Notice

Step 1: Download all transaction history from exchanges (CSV format)

Step 2: Use crypto tax software to generate gain/loss report

Step 3: Match TDS in Form 26AS with exchange TDS certificates

Step 4: File revised ITR including Schedule VDA with correct figures

Step 5: Respond to notice with revised ITR acknowledgment + supporting docs

Tax Saving Strategies (Legal)

  • Hold Long-Term (Doesn't Help!)

    Unlike stocks, crypto has NO LTCG benefit. 30% applies whether you hold 1 day or 10 years.

  • Avoid Frequent Trading

    Each sale = 1% TDS + 30% tax. Minimize sell transactions to reduce TDS drain.

  • Claim All Direct Costs

    Transaction fees, gas fees, network fees - document everything to reduce taxable profit.

  • Report Accurately

    IT Dept has exchange data. Under-reporting = notice + 200% penalty. Always disclose.

Conclusion

India's crypto tax regime is among the world's harshest: 30% flat tax, 1% TDS, no loss offset, and aggressive enforcement. If you traded crypto in FY 2024-25, report it in Schedule VDA, claim TDS credit from Form 26AS, and pay the balance by July 31, 2025. Unreported crypto income is a ticking tax bomb - IT Department already has your exchange data. Disclose, pay, sleep peacefully.

Need Expert Help?

Get personalized guidance from CA Ashama Rajawat on your specific tax situation.