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Capital Gains

Virtual Digital Assets

A legal term for cryptocurrency, NFTs, and similar digital assets — taxed at a flat 30% in India with no deductions allowed and no loss set-off permitted.

Quick Definition

A legal term for cryptocurrency, NFTs, and similar digital assets — taxed at a flat 30% in India with no deductions allowed and no loss set-off permitted.

What are Virtual Digital Assets (VDA)?#

The term Virtual Digital Assets (VDA) was introduced in the Union Budget 2022-23 to bring cryptocurrency, NFTs, and similar digital assets under a clear tax framework in India. Section 2(47A) of the Income Tax Act defines VDA as:

"Any information or code or number or token (not being Indian currency or foreign currency), generated through cryptographic means or otherwise, by whatever name called, providing a digital representation of value exchanged with or without consideration, with the promise or representation of having inherent value..."

In plain terms: Bitcoin, Ethereum, USDT, NFTs, other cryptocurrencies, and similar digital tokens = VDA.

VDA Tax Rate#

AspectRule
Tax Rate30% flat (plus surcharge + 4% cess)
No deductions allowedOnly cost of acquisition can be deducted
No indexationCost is not inflation-adjusted
No loss set-offVDA losses cannot offset other income
No carry-forwardVDA losses cannot be carried forward
TDS on transfers > ₹10,0001% TDS u/s 194S by the exchange/buyer

What This Means Practically#

If you bought Bitcoin worth ₹1 lakh and sold it for ₹1.5 lakh:

  • Gain = ₹50,000
  • Tax = 30% × ₹50,000 = ₹15,000 (+ cess = ₹15,600)
  • No deductions (no brokerage, no gas fees, only purchase cost)
  • If you also had a ₹20,000 loss from another crypto → cannot set off

No Loss Set-Off — A Critical Rule#

If you have:

  • ₹1 lakh profit from selling ETH
  • ₹50,000 loss from selling a failed altcoin

You cannot net them. You pay 30% on the ₹1 lakh profit (₹30,000 tax), and the ₹50,000 loss is wasted — it cannot reduce your tax liability.

Within VDA: Even VDA-to-VDA losses cannot offset VDA profits.

TDS Under Section 194S#

When you sell crypto:

  • Indian crypto exchanges (Coinbase India, WazirX, etc.) deduct 1% TDS on transactions > ₹10,000/year
  • This TDS appears in your Form 26AS
  • Claim it as a credit when filing ITR — it reduces your final tax liability

For peer-to-peer transfers > ₹10,000, the buyer is responsible for deducting 1% TDS.

How to Report VDA in ITR#

  • ITR-2 (if no business income) or ITR-3 (with business income)
  • Schedule VDA — introduced from AY 2023-24
  • Report each transaction: date of acquisition, cost of acquisition, date of transfer, sale consideration
  • Calculate gain/loss per transaction
  • Total tax at 30%

What Counts as a Taxable VDA Event?#

✅ Selling crypto for INR ✅ Trading one crypto for another (crypto-to-crypto is a transfer!) ✅ Using crypto to buy goods/services ✅ Receiving crypto as salary or gift ❌ Holding crypto (no taxable event) ❌ Transferring between your own wallets

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