November 4

India is the top country in the world for cryptocurrency adoption - and it’s doing so while taxing digital assets like gambling winnings.

While the U.S., Europe, and even Singapore offer clearer, lighter tax rules for crypto, India slapped on one of the strictest systems on the planet. A flat 30% tax on every profit. No deductions for losses. A 1% tax taken out automatically on every trade over ₹50,000. And now, as of July 2025, an extra 18% GST on everything from trading fees to staking rewards. Yet, millions of Indians still buy, sell, and hold crypto. Why?

The answer isn’t about tax efficiency. It’s about necessity, opportunity, and distrust in traditional finance. For young professionals, gig workers, and small business owners, crypto isn’t a luxury. It’s a way to send money across borders without bank delays, protect savings from rupee inflation, or access global investment opportunities that banks won’t offer.

How India’s Crypto Tax System Works - And Why It’s So Harsh

In 2022, India reclassified cryptocurrencies as Virtual Digital Assets (VDAs). That didn’t make them legal tender. But it did make them taxable. The rules that followed were unlike anything else in the world.

First, the 30% tax. Every time you sell Bitcoin, Ethereum, or even an NFT for more than you paid, you owe 30% of the profit. No exceptions. No lower rates for long-term holdings. No deductions for trading fees, mining costs, or wallet expenses. Even if you lost money on 10 other coins, you can’t use those losses to reduce your tax bill. That’s not how taxes work anywhere else.

Then there’s the 1% TDS - Tax Deducted at Source. Every time you trade more than ₹50,000 (about $600), the exchange automatically withholds 1% of the transaction value and sends it to the government. It doesn’t matter if you made a profit. Even if you sold at a loss, you still lose 1% upfront. For someone trading daily, that adds up fast. A trader doing five ₹1 lakh trades a month loses ₹5,000 just in TDS - regardless of whether they’re up or down overall.

And since July 2025, the 18% GST hit every crypto platform service: trading fees, deposits, withdrawals, staking rewards, custody fees - even if you didn’t make a single rupee in profit. Platforms now have to register for GST no matter how small they are. That’s pushed many local exchanges to raise fees, which in turn pushed users to offshore platforms like Binance or Bybit.

Compare that to the U.S., where long-term crypto gains are taxed at 0% to 20%, depending on income. Or Germany, where holding crypto for over a year means zero tax. Or Portugal, where personal crypto gains are completely tax-free. India’s system isn’t just strict - it’s designed to discourage participation.

Why People Still Buy Crypto in India

Despite the tax burden, India has more crypto users than any other country. According to Chainalysis, India led global adoption in 2024 and held that spot into 2025. Why?

One big reason: remittances. India receives over $100 billion in foreign remittances every year. Sending money through banks or Western Union can take days and cost 5-7%. With crypto, you can send money in minutes for less than 1% - and the recipient can cash out locally through P2P platforms like WazirX or CoinSwitch.

Then there’s inflation. The Indian rupee has lost nearly 40% of its value against the dollar since 2014. For many, holding even a small amount of Bitcoin or Ethereum feels like a hedge. It’s not about getting rich overnight. It’s about not losing what you already have.

Young people are also using crypto to access global markets. Indian stock markets don’t let you invest directly in Apple, Tesla, or Nvidia without going through expensive mutual funds. With crypto exchanges, you can buy fractional shares of tokens tied to those companies - or even invest in global DeFi protocols that offer 5-10% annual yields, far higher than bank fixed deposits.

And let’s not forget the informal economy. Millions of Indians work in gig jobs - delivery, content creation, freelancing - and get paid in crypto from international clients. Cash out? Not easy. But crypto? They can convert it to INR through local P2P networks without touching a bank.

A freelancer balancing rupees against crypto coins, with a tiny tax monster trying to stick a GST stamp.

The Hidden Cost: Trading Moves Overseas

The tax rules didn’t just hurt users - they hurt local businesses.

Since 2022, at least 12 major Indian crypto startups have shut down or moved their operations abroad. Others, like ZebPay and CoinDCX, have shifted their core development teams to Dubai or Singapore to avoid the regulatory chaos. Even though they still serve Indian customers, their infrastructure now runs outside India.

Why? Because the 1% TDS and 18% GST make it nearly impossible to compete with global exchanges. Binance doesn’t charge TDS. Kraken doesn’t add GST on trading fees. So Indian traders - even those who want to stay compliant - are increasingly using offshore platforms. Estimates suggest over 60% of Indian crypto trading volume now happens on foreign exchanges.

That creates a dangerous loop. The government collects less tax because transactions are happening off the books. Meanwhile, Indian users face higher risks - no local customer support, no legal recourse if funds get frozen, and no protection under Indian law.

Who’s Really Paying the Price?

The tax system claims to target “speculators.” But in practice, it hits everyday people the hardest.

Imagine a college student who bought $100 of Bitcoin in 2021. It’s now worth $300. They sell half to pay tuition. Profit: $100. Tax owed: $30. TDS taken at sale: $1 (on the ₹50,000 trade). GST on the exchange fee: ₹90 (18% of ₹500 fee). Total cost: $31. But they only made $100 profit. That’s 31% gone - and they still have $100 in crypto left.

Now imagine they bought another coin that lost 50%. They can’t use that loss to offset the gain. So they pay tax on the $100 profit even though their portfolio is down overall.

Or consider a freelancer paid in USDT. They convert it to INR every week. Each time, the exchange takes 1% TDS. After 52 weeks, they’ve lost 52% of their trading volume to TDS - even if their total income was just ₹5 lakh. That’s not tax. That’s a transaction tax on survival.

Indian crypto workers fleeing a collapsing exchange toward offshore platforms in Dubai.

Is There a Way Out?

In August 2025, the Central Board of Direct Taxes (CBDT) quietly started asking questions. They sent out detailed surveys to Indian crypto firms: Is the 1% TDS too high? Does the 30% tax kill market liquidity? Are offshore platforms giving foreign companies an unfair edge?

That’s a big deal. It’s the first sign that the government might be listening.

Experts say the system is unsustainable. The tax revenue from crypto is still tiny - less than 0.1% of total income tax collections. But the cost to the ecosystem? Billions in lost business, brain drain, and trust.

Change is coming - slowly. Some proposals being discussed include:

  • Allowing loss offsets between different crypto assets
  • Reducing TDS to 0.1% or making it only apply to profits
  • Exempting small trades under ₹10,000 from TDS
  • Removing GST on custody and staking services

One thing’s clear: India can’t keep taxing crypto like it’s a casino and expect to lead in adoption. The world is moving toward regulation that encourages innovation - not punishes it.

What This Means for Indian Crypto Users

If you’re trading crypto in India right now, here’s what you need to know:

  1. Keep every single transaction record - buys, sells, swaps, staking rewards. The Income Tax Department now tracks everything through exchange data sharing.
  2. Report everything in Schedule VDA in your ITR. Missing one trade can trigger an audit.
  3. Don’t assume offshore exchanges are safer. You’re still liable for Indian taxes on global trades.
  4. If you’re a frequent trader, consider using a crypto tax software like Koinly or CoinTracker - they can auto-calculate your gains and losses under Indian rules.
  5. Watch for policy changes in late 2025. A new tax framework could arrive as early as April 2026.

The truth? India’s crypto story isn’t about rules. It’s about resilience. People are using crypto not because it’s easy - but because it’s necessary. And as long as that need exists, adoption won’t stop. The question isn’t whether India will regulate crypto. It’s whether it will regulate it wisely - or keep shooting itself in the foot.

Is crypto legal in India?

Yes, crypto is legal in India. You can buy, sell, and hold cryptocurrencies like Bitcoin and Ethereum. But they are not legal tender. The government treats them as Virtual Digital Assets (VDAs) under tax law, meaning you must report and pay taxes on any gains.

Do I have to pay tax if I lose money on crypto?

Yes. India does not allow you to offset crypto losses against gains. Even if your portfolio lost ₹5 lakh overall but you made ₹1 lakh on one trade, you still owe 30% tax on that ₹1 lakh. Losses can’t be carried forward to future years either.

What is the 1% TDS on crypto trades?

The 1% TDS (Tax Deducted at Source) is automatically taken by Indian crypto exchanges on every trade over ₹50,000. It’s deducted whether you made a profit or not. For example, if you sell ₹2 lakh worth of Bitcoin, ₹2,000 is sent to the government right away. You can claim it as a credit when filing your tax return, but you lose access to that cash upfront.

Why is GST charged on crypto trading fees now?

Since July 2025, crypto exchanges are classified as "Online Service Providers" under GST law. So every fee you pay - for trading, depositing, withdrawing, or staking - gets an 18% GST added. This applies even if you didn’t make money. It’s a service tax, not a profit tax, and it’s now mandatory for all platforms operating in India.

Should I use Indian or foreign crypto exchanges?

Indian exchanges comply with TDS and GST rules, making reporting easier. But foreign exchanges like Binance or Kraken have lower fees and no TDS. However, you’re still legally required to report all trades to the Indian tax department, regardless of where they happen. Using offshore platforms increases risk - no local support, no legal protection, and harder compliance.

Will India change its crypto tax rules soon?

Possibly. In August 2025, India’s tax board began consulting with crypto firms about reforming the 30% tax, 1% TDS, and GST rules. Many experts believe the current system is harming growth and driving business overseas. A major policy update could come in early 2026, especially if trading volumes continue to shift abroad.

Hannah Michelson

I'm a blockchain researcher and cryptocurrency analyst focused on tokenomics and on-chain data. I publish practical explainers on coins and exchange mechanics and occasionally share airdrop strategies. I also consult startups on wallet UX and risk in DeFi. My goal is to translate complex protocols into clear, actionable knowledge.

10 Comments

Catherine Williams

This is wild. I live in the U.S. and we treat crypto like a speculative asset with capital gains rates - but India? They tax it like it’s a casino jackpot and still can’t stop people from buying. That’s not regulation, that’s a protest vote by the people. The fact that millions are still using crypto despite the penalties? That’s power. That’s resilience. That’s what happens when banks fail you and the system feels broken.

I’ve talked to Indian freelancers on Discord who get paid in USDT and convert daily. They’re not trying to get rich - they’re trying to survive. And honestly? I’m jealous of their grit.

Paul McNair

It’s not just about taxes - it’s about trust. In India, the rupee’s been sliding for years. Banks are slow, opaque, and often corrupt. Crypto isn’t a trend here - it’s a lifeline. People aren’t gambling. They’re hedging. And the government’s response? Tax it like it’s a vice. Meanwhile, the U.S. and EU are building frameworks to attract crypto innovation. India’s building walls. And yet, the people are climbing over them anyway.

This is the quiet revolution: no marches, no speeches - just millions of small trades, P2P transfers, and silent defiance.

Althea Gwen

LMAO imagine taxing staking rewards like you’re charging GST on breathing 😂 The government thinks they’re scaring people off but honestly? It’s just making crypto feel like the only real currency left. 🤷‍♀️💸

Rod Filoteo

This is all a setup. The 1% TDS? It’s not about tax - it’s surveillance. They want to track every single move you make. And the GST on custody? That’s the state saying, ‘We own your wallet.’ Don’t be fooled - this isn’t fiscal policy. It’s control. And soon they’ll ban P2P too. Mark my words. The moment crypto becomes too convenient for the masses, the state shuts it down. They’re scared. And they’re right to be.

Bhoomika Agarwal

Oh so now the West is pretending to be shocked that Indians use crypto despite the tax? Please. You think we didn’t know the system was rigged? We’ve been dodging bank fees, dodging corruption, dodging bureaucracy since before you were born.

30% tax? Fine. 1% TDS? Whatever. 18% GST on staking? LOL, we pay 28% GST on chai. We’re used to being taxed for existing.

But you know what we don’t do? We don’t beg for permission to build a better future. We just do it. And if you think Binance is ‘unsafe’ - you’ve never had your bank freeze your salary for 3 weeks because ‘compliance’.

India doesn’t need your approval. We’re not here to impress you. We’re here to survive. And we’re winning.

Nelia Mcquiston

What’s fascinating here isn’t the tax policy - it’s the human behavior behind it. We assume people follow rules when they’re rational. But in India, crypto adoption isn’t rational - it’s emotional. It’s about dignity. Autonomy. The right to control your own money.

The government wants to classify crypto as a VDA - a ‘virtual digital asset’ - but for millions, it’s not virtual. It’s real. It’s tuition. It’s rent. It’s food. It’s freedom.

Maybe the real failure isn’t the tax system. It’s our assumption that people will comply when the system is designed to punish them. India proves otherwise.

Reggie Herbert

Let’s be clear: the 30% tax on crypto gains is economically irrational. It violates the principle of capital gains taxation globally. No other jurisdiction treats short-term and long-term gains identically. The 1% TDS on every trade over ₹50k is a liquidity killer - it disincentivizes even minimal trading activity.

Adding 18% GST to staking and custody fees is a regulatory overreach. Staking is not a service consumption - it’s a yield-generating financial activity. Taxing it as a service is like taxing interest on savings accounts.

This is not a tax policy. It’s a form of economic sabotage disguised as fiscal discipline. The fact that adoption persists despite this is a testament to market demand overriding state interference. But it’s unsustainable. The revenue collected is negligible compared to the capital flight and innovation drain.

Maggie Harrison

Y’all are underestimating the power of this. Imagine being 22, working a gig job, getting paid in crypto, and being able to send money to your sister in Kerala in 10 minutes for less than a dollar. No bank forms. No delays. No ‘we need your 7 documents’. That’s not finance - that’s magic.

They tax it like it’s a vice? Good. Let them. The people aren’t waiting for permission. They’re building the future anyway. And you know what? That’s beautiful. We need more of this. Not less.

Stop talking about regulation. Start talking about empowerment. The Indian crypto user isn’t a speculator - they’re a pioneer.

Darlene Johnson

It’s all connected. The 1% TDS? The GST on staking? The ban on crypto ads? It’s not about revenue. It’s about control. The government knows crypto threatens their monopoly on money. They’re terrified of decentralized finance because it removes their power to devalue currency, track spending, and punish dissent.

They’re not trying to regulate - they’re trying to kill it. And the fact that people are still using it? That’s the real threat. If India’s youth realize they don’t need the state to manage their money, what’s next? The entire financial system collapses. That’s why they’re throwing everything at it.

But you can’t stop innovation with taxes. You can only delay it. And when it comes back? It’ll be stronger. And it won’t care about your rules anymore.

Ivanna Faith

So the government taxes profits but not losses and adds GST on everything even if you lose money and somehow people still do it??? That’s not a market that’s broken - that’s a market that’s alive. People aren’t rational actors they’re desperate ones and desperate people don’t care about your spreadsheets 🤷‍♀️❤️

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