News Overview
India's regulatory framework for cryptocurrencies continues to evolve, with the 2025 Budget introducing stricter reporting requirements and enhanced oversight on top of the 30% tax implemented in 2022. Section 115BBH of the Income Tax Act 2022 formally brings crypto assets (VDA) into the tax system for the first time, but does not allow traders to offset losses against other income. The 2025 Budget's addition of Section 285BAA to the Income Tax Act further expands the scope of regulation, requiring certain institutions to report crypto transactions within a prescribed time limit. At the same time, the government expanded the definition of VDA to cover all crypto assets based on distributed ledger technology to accommodate industry development. These changes coincide with Bitcoin's rise on positive news from the US election, but the market still faces regulatory uncertainty and volatility risks.
News source: https://bitnewsbot.com/india-expands-crypto-oversight-new-tax-rules-and-reporting-requirements-coming-in-2025/
FinTax Review
In recent years, the regulatory attitude of countries around the world towards cryptocurrencies has gradually changed from panic and over-regulation to flexibility, prudence and adaptability. This change is mainly driven by the rapid popularity of crypto assets around the world. However, India, as one of the countries with the most active crypto transactions and trading volume in the world, still maintains strict supervision and harsh tax policies, far behind the friendly regulatory trend of international markets towards crypto assets.
India's crypto tax system is considered one of the most stringent in the world, which not only hits investor confidence, but also seriously hinders the innovation and application of blockchain technology. Despite repeated calls from all walks of life in the market to relax tax policies, the Indian government's position has never wavered. However, in the 2025 fiscal budget and the revision of the Income Tax Act, the Indian government has made certain adjustments to the current tax system. This article will take a deep look at India's latest cryptocurrency tax rules and analyze whether they are a positive signal for promoting market transparency or a further crackdown on crypto assets.
1. Evolution of India’s Crypto Regulatory System
India's cryptocurrency regulatory policy has evolved from strict restrictions to gradual adjustments. In the early days, the Reserve Bank of India (RBI) was highly skeptical of cryptocurrencies, and even issued a notice in 2013 warning investors of the speculative risks of crypto assets. In 2018, the RBI further banned banks from trading with crypto-related companies, attempting to restrict market development through financial means. However, the ban was strongly opposed by industry organizations and market participants, and was ruled unconstitutional by the Supreme Court of India in 2020.
The 2022 fiscal budget for the first time included cryptocurrencies and other crypto assets under legal supervision and established a series of tax policies, including a 30% capital gains tax on crypto asset (VDA) income and a 1% withholding tax (TDS) on transaction amounts. Although the introduction of this tax system provides a legal basis for tax compliance to a certain extent, its high tax burden and strict regulatory requirements are still controversial.
The 2025 fiscal budget did not make any fundamental reforms to the current tax system, but only strengthened supervision on crypto tax declaration and information disclosure, which is scheduled to take effect in April 2026.
2. What do the new tax rules mean?
Despite the increasingly relaxed regulatory policies in many jurisdictions around the world, India still maintains the world's most stringent crypto tax system. Although the 2025 fiscal budget and the revised Income Tax Act have made adjustments to the tax rules, they have not been able to change the current situation of restricted cryptocurrency trading as a whole. Currently, India imposes a 30% tax rate on crypto asset gains, which is an extreme rate globally. In addition, the tax system does not allow investors to deduct losses or operating costs, which has led many crypto companies and investors to move to more friendly jurisdictions. The 2025 fiscal budget also further expanded the definition of "crypto assets" (VDA) to include all crypto assets based on blockchain technology in the tax category. However, the definition still does not classify different types of crypto assets, and does not distinguish between their technical uses and economic attributes, resulting in increased uncertainty in regulatory compliance.
In addition, the Income Tax Act imposes stricter penalties on undeclared VDA, classifying it as "undeclared income" and imposing a fine of up to 70% without any exemption or relief. This penalty reflects the Indian government's high-pressure attitude towards crypto assets, and more importantly, as mentioned above, the Indian government's definition of crypto assets is too broad, resulting in Indian crypto users facing excessive tax burdens.
In such a harsh tax environment, the large-scale relocation of local crypto companies in India has become a trend, and the continued growth of crypto market trading volume reflects the huge gap between regulatory policies and market realities. Although the government has tried to curb the crypto market through high tax policies, the younger generation of investors in India still regard crypto assets as the main or auxiliary source of income.
3. Impact on investors and the market
India's stringent tax policies have undoubtedly made it more difficult for crypto companies to operate in the local market. Although the crypto industry remains relatively vibrant in India, the more friendly regulatory environment in other jurisdictions is attracting companies to relocate. Currently, the Indian crypto market still benefits from the rise in crypto asset prices. Some studies predict that by 2035, the size of India's crypto market is expected to grow from the current $2.5 billion to $15 billion. However, overly stringent regulations may cause capital in the Indian crypto industry to flow to other countries, resulting in reduced tax revenue for the Indian government, limited market innovation, and affecting India's competitiveness in the global digital financial ecosystem.
Another major challenge for the Indian crypto market is compliance complexity and legal uncertainty. Although the Indian government proposed to develop a comprehensive crypto regulatory framework as early as 2021, the bill was more inclined to ban Bitcoin and altcoins and promote the digital currency (CBDC) of the Central Bank of India, which ultimately led to the delay in the implementation of the bill. In this regulatory environment, market players face policy changes and compliance risks, which hinder long-term investment. Companies and investors are worried that they may suffer from sudden government crackdowns or additional tax burdens in the future, which will affect business decisions and market vitality.
In short, although the Indian government has strengthened supervision on the grounds of financial stability, the strict tax system and vague regulatory framework are seriously restricting the innovation capacity of the Indian crypto market and affecting India's global competitiveness. The Indian government needs to find a balance between investor protection and market development, reduce tax rates, clarify asset classification, and reduce legal uncertainty to enhance market confidence and attract more capital. If India continues to maintain its current regulatory stance, it may miss economic opportunities in the blockchain and digital finance sectors. Otherwise, India may still become an important player in the global crypto market.