TDS on Crypto in India 2026: Nirmala Sitharaman, India's Finance Minister, suggested taxing digital assets, which has stoked more discussion about whether cryptocurrency transactions should be allowed in India. As part of that framework, TDS on crypto in India is now governed under Section 194S, which levies 1% TDS on crypto transactions.
One can conclude that cryptocurrencies are unlawful, but there isn't a firm ban on them in India based on several important statements by the Governor of the Reserve Bank of India and other government spokespersons, including the nation's Finance Minister. Although unregulated, the Indian government recently executed a 30% tax on cryptocurrency earnings and a 1% tax deducted at source as part of the Union Budget 2022.
A 1% TDS is charged when a crypto asset is transferred. A transfer refers to a change in ownership, not a transfer from one wallet to another. The main objective of the 1% TDS is to record transaction information and keep track of purchases of crypto assets.
There are a few crucial considerations about crypto TDS:
As per Section 2(47A) of the Income Tax Act, Virtual Digital Assets (VDAs) effectively includes all crypto assets, such as NFTs, cryptocurrencies, tokens, etc.
While announcing the 2022 Union Budget, Finance Minister Nirmala Sitharaman introduced Section 115BBH, as per which there is a 30% tax applicable on gains obtained from trading cryptocurrencies on or after April 1, 2022. Private investors, professional traders, and anyone involved with digital asset transactions during a particular fiscal year are subject to the tax rate.
Moreover, cryptocurrency transactions are subject to other taxes besides the 30% levy. To guarantee that all cryptocurrency transactions are recorded, there is a 1% TDS on crypto transactions amounting to Rs 50,000 in a fiscal year. This is applicable as per clause 194S on transactions carried out on or after July 1, 2022.
There can be four scenarios that may arise while transacting in cryptocurrencies. These are:
When you are buying a cryptocurrency with INR, you need to deduct 1% of TDS and only pay the remaining amount to the seller.
In this case, there will be a TDS deduction of 1% on the total value to be received by you. TDS will be deducted by the buyer before making any payments to you. There are no TDS compliance requirements on your side if you are a seller.
You can make use of TDS credited to your account on payment of income tax.
In this situation, a 1% TDS would be applicable on the sale point transaction of the crypto transaction. For example, if you were using 2000 Ethereum to buy Rs 2000 worth of Bitcoin, you will be required to pay 1% of 2000 Ethereum, or about 20 Ethereum as the TDS.
In this case, if you were to sell your Dogecoin for Ethereum, you would be required to pay 1% of the Dogecoin's INR value as Tax Deducted at Source.
Simply speaking, TDS @1% needs to be deducted irrespective of whether the consideration is paid in cash or another crypto. When consideration is paid in another crypto, TDS needs to be deducted, considering the value of crypto used for payment. Deduction always needs to be made by person making the payment. Wherever Indian exchanges are involved, TDS should be deducted by such exchanges.
Form 26QE must be submitted to deposit the tax deducted on any VDAs. This form requires the tax deducted under Section 194S to be paid to the Central Government within 30 days from the end of the month when the deduction is made.
As per the new taxation rules, it is mandatory to pay TDS on the transfer of virtual digital assets. Indian investors who have already paid a 30% tax on their gains from crypto transactions are liable to pay TDS.
These two tax liabilities need to be settled individually. However, if the tax owed is less than the tax deducted, investors can claim the difference between the two as a refund when filing the tax return.
If you fail to pay the tax on transactions of cryptocurrencies under Chapter XII-D or XVII-B, 276B, you will be imprisoned for a tenure of a minimum of three years which can extend to seven years, along with a hefty fine.
The Finance Bill included a change to section 271C of the Income Tax Act, which stated that failure to pay TDS would result in a fine equivalent to the amount of unpaid TDS; the fine would be imposed by a joint commissioner.
According to the Income Tax laws, if you purchase NFTs or crypto coins in INR, no TDS would be applicable on such transactions. However, you must pay TDS if you wish to sell it back to get INR. Understanding TDS on crypto in India — who deducts it, when, and at what threshold — is what separates responsible VDA ownership from accidental non-compliance.
Yes — TDS is deducted on the total sale consideration, not on your profit or loss. So even if you sell a cryptocurrency at a loss, 1% TDS still gets deducted on the full transaction value. This is one of the most common points of confusion for retail investors. The loss itself can't be set off against gains from other sources either, given the current rules under Section 115BBH. You can, however, claim the TDS as a credit when filing your income tax return.
Yes, crypto-to-crypto swaps are treated as transfers under Section 194S, which means TDS applies to both legs of the transaction. If you swap Ethereum for Bitcoin, a 1% TDS is charged on the INR equivalent of the Ethereum you are spending, and again on the Bitcoin you receive. Indian exchanges handle this deduction automatically. On P2P platforms or foreign exchanges, the buyer is responsible for deducting and depositing the TDS.
If the total TDS deducted on your crypto transactions is more than your actual income tax liability for the year, you can claim the excess as a refund when filing your ITR. For example, if Rs 5,000 was deducted as TDS but your final tax liability works out to Rs 3,000, you can claim Rs 2,000 back. The refund is processed by the income tax department after your return is verified.
No — using a foreign exchange or a VPN doesn't eliminate your TDS obligation. Under Section 194S, if the exchange is not an Indian entity, the responsibility to deduct and deposit TDS shifts directly to you as the buyer. Failing to comply still attracts penalties under Section 271C and prosecution under Section 276B, regardless of where the platform is hosted. The tax liability follows the transaction, not the platform's geography.
These are two separate obligations. The 30% tax under Section 115BBH applies to your net gains from crypto transactions and is settled when you file your income tax return. The 1% TDS under Section 194S is deducted at the time of each transaction and acts as an advance collection mechanism. TDS paid during the year is credited against your final income tax bill — if TDS exceeds your total tax liability, you get a refund.
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