Financial safety guide

Is crypto legal in India? Tax, TDS and safety rules for 2026

Last updated: 3 August 2026
Quick answer: Crypto is legal to buy, sell and hold in India — but it isn't legal tender, and profits are taxed at a flat 30% plus 4% cess, with 1% TDS on transactions above Rs 10,000/year. Regulation is still tightening: use only exchanges registered with FIU-IND, and treat any "guaranteed return" pitch as a red flag.

Crypto's actual legal status

There's no outright ban on holding or trading cryptocurrency in India, but it also isn't recognised as legal tender — you can't use it to pay for goods, settle debts, or as official currency. The regulatory picture is still evolving: RBI's public position has reportedly hardened toward favoring tighter restrictions, while a multi-regulator framework (SEBI for exchanges and security-like tokens, RBI for cross-border flows, Finance Ministry on tax policy) is under discussion for clearer oversight.

How crypto is taxed

RuleDetail
Tax on gainsFlat 30% + 4% cess on profits (classified as "Virtual Digital Assets")
Loss offsetNot allowed — crypto losses cannot be set off against other income or gains
TDS1% on transactions above Rs 10,000/year (Rs 50,000 for certain specified persons)
Late/incorrect filingDaily penalty of Rs 200 for entities that fail to file transaction statements accurately (from 1 April 2026)

This tax treatment is deliberately strict compared to stocks or mutual funds — there's no indexation benefit and no expense deduction beyond acquisition cost. Every transaction, even small ones, should be tracked for filing.

How to spot a safe exchange

Go deeper: Intro to Crypto — Safely course

Clear video lessons on how crypto actually works, the risks, and how to stay safe — financial education, not investment advice.

Start free lesson →

Frequently asked questions

Is cryptocurrency legal in India?

Yes, buying/selling/holding is legal — but it's not legal tender, and regulation is still evolving.

How is crypto taxed in India?

Flat 30% + 4% cess on profits, no loss offset, plus 1% TDS on transactions above Rs 10,000/year.

How do I know if a crypto exchange is safe to use in India?

Check for FIU-IND registration as a VDA Service Provider, and treat guaranteed-return promises as a red flag.

This is general financial education, not investment or tax advice. Legal status, tax rates and TDS thresholds summarized from public reporting on India's 2026-27 crypto tax framework and FIU-IND registration data, current as of August 2026. Tax rules can change — confirm current rates with a qualified CA before filing.