Guide to Navigating Crypto Regulations in India

Posted By Tristan Valehart    On 23 Apr 2025    Comments (16)

Guide to Navigating Crypto Regulations in India

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India’s crypto scene isn’t locked down, but it’s wrapped in a dense web of tax, AML and registration rules. If you’re wondering how to keep your crypto activities smooth, the answer lies in understanding the legal framework and building a solid compliance routine.

TL;DR

  • Cryptocurrencies are legal in India under the Income Tax Act, but a flat 30% tax + 1% TDS applies.
  • Only exchanges registered with the FIU‑IND are considered compliant.
  • Maintain detailed transaction records for at least six years.
  • Use KYC‑enabled platforms like WazirX, CoinDCX, or Binance (registered).
  • Consult a crypto‑savvy tax advisor to avoid penalties.

1. The Legal Landscape Explained

Virtual Digital Assets (VDAs) are defined in the Income Tax Act, 1961 (Section 2(47A)) as any code, number, token or cryptographically created information, excluding fiat currency. The Supreme Court’s 2020 decision nullified the RBI’s earlier ban, giving VDAs a clear legal footing.

In August2025 the Income Tax (No.2) Bill cemented a flat 30% tax on all VDA gains and introduced a 1% Tax Deducted at Source (TDS) on every transaction. No deductions are allowed, making India one of the highest‑tax jurisdictions for crypto.

Three agencies enforce the regime:

  • Central Board of Direct Taxes (CBDT) - tax compliance.
  • Financial Intelligence Unit‑India (FIU‑IND) - AML registration and reporting.
  • Reserve Bank of India (RBI) & Securities and Exchange Board of India (SEBI) - broader policy guidance.

2. Why Compliance Beats “Avoidance”

Attempts to sidestep the rules usually end in penalties, frozen accounts or even prosecution. The government’s stance is “regulation through taxation”, not prohibition. Successful traders report that sticking to compliant exchanges and filing taxes on time results in zero enforcement actions.

Key reasons to play by the rules:

  1. Legal safety: Registered platforms have undergone FIU‑IND vetting, shielding users from sudden shutdowns.
  2. Tax clarity: Proper reporting avoids the 200% penalty for tax evasion under Indian law.
  3. Access to services: Compliant exchanges can offer fiat‑on‑ramps, lending and staking features.

3. Choosing a Compliant Exchange

As of 2025, over 50 exchanges are FIU‑IND registered. The most trusted ones include:

  • WazirX - Indian‑owned, full KYC, auto‑generated tax statements.
  • CoinDCX - strong AML engine, supports crypto‑to‑crypto swaps.
  • Zebpay - long‑standing market player, offers INR withdrawal.
  • Binance - global exchange that re‑entered India in 2024 after FIU‑IND registration.

Never trade on platforms flagged by the finance ministry (e.g., BingX, LBank) - they’ve faced enforcement actions for missing AML checks.

4. Building a Bullet‑Proof Record‑Keeping System

4. Building a Bullet‑Proof Record‑Keeping System

Record‑keeping is the backbone of compliance. Follow this workflow:

  1. Export monthly CSV statements from your exchange (most compliant platforms provide a “Tax Report” button).
  2. Log each row in a master spreadsheet with columns: Date, Asset, Quantity In, Quantity Out, Fiat Value (INR), Transaction Type (buy, sell, swap), Counter‑party.
  3. Calculate gains using the FIFO method - the default in most Indian tax software.
  4. Apply the 30% tax on net gains and add 1% TDS on the gross transaction amount.
  5. Store the spreadsheet and raw CSV files in a secure cloud drive for at least six years (the statutory retention period).

Automation tip: tools like CoinTracker or Koinly now support Indian GST/TDS fields, cutting down manual effort.

5. Tax Reporting Made Simple

India requires quarterly advance tax payments if your crypto earnings exceed INR2.5lakhs. Here’s a quick checklist:

  • Compute total gains for the quarter.
  • Pay 30% of the gains as advance tax by the 15th of the month following the quarter (July, October, January, April).
  • Submit Form 26AS proof of TDS to the Income Tax Department.
  • File ITR‑2 (or ITR‑3 for business traders) before the July 31 deadline, attaching the detailed transaction schedule as a supplementary sheet.

Professional advice is worth the fee: a qualified chartered accountant familiar with crypto can spot edge cases, like crypto‑to‑crypto trades that still trigger tax.

6. AML Compliance Checklist

FIU‑IND expects every VDA service provider - and by extension, its users - to adhere to strict AML protocols. Your personal checklist mirrors the exchange’s requirements:

AML Compliance Checklist for Indian Crypto Users
Requirement What You Must Do Typical Proof
KYC Verification Submit PAN, Aadhaar, and a selfie Verified status on exchange dashboard
Transaction Monitoring Keep transaction values below INR10lakhs per day unless documented Exported transaction logs
Suspicious Activity Reporting (SAR) Report any inbound/outbound flow that looks unusual to the exchange Exchange‑generated SAR reference number
Record Retention Maintain records for a minimum of six years Cloud backup links, encrypted archive

7. What Not to Do - Common Pitfalls

  • Using non‑registered platforms: Leads to immediate account freeze and possible legal action.
  • Mixing personal and business wallets: Makes tax calculation messy and raises AML flags.
  • Ignoring TDS: The tax department can auto‑assess a 200% penalty on undisclosed income.
  • Failing to update KYC: Stale documents trigger account suspension during high‑volume periods.

8. Future Outlook - Staying Ahead of the Curve

India is gearing up for a comprehensive crypto bill that will likely codify the current tax‑AML framework while adding clearer definitions for NFTs and DeFi. Keeping an eye on RBI speeches and SEBI releases will give you early warnings about any policy shifts.

Practical tip: Subscribe to the FIU‑IND mailing list and join reputable Telegram groups that share compliance updates. When an amendment is announced, adjust your record‑keeping template within a week - that habit saves you from scrambling during the next filing season.

Frequently Asked Questions

Frequently Asked Questions

Do I need to pay tax if I only hold crypto and never sell?

Holding alone isn’t a taxable event under Indian law. Tax applies only when you transfer, sell, or exchange the asset for another VDA or fiat.

Can I use foreign exchanges without FIU‑IND registration?

Technically you can, but any transaction that flows through Indian banks will be flagged. The tax department can consider it unreported income, leading to penalties.

How is the 1% TDS calculated?

The exchange deducts 1% of the gross transaction amount (INR value) at the time of trade and deposits it with the government. You can claim it as a credit while filing your return.

What records should I keep for AML compliance?

All transaction logs, KYC documents, SAR references, and communication with the exchange. Store them securely for at least six years.

Is there any way to reduce the 30% tax?

The tax is flat with no deductions. The only reduction comes from legitimate loss harvesting - offsetting gains with documented losses from other crypto trades.

Bottom line: the smartest way to “avoid restrictions” is to stay inside the legal sandbox. By using FIU‑IND‑registered exchanges, keeping meticulous records, and filing your taxes on time, you can trade, earn and grow your crypto portfolio in India without fear of penalties.