India has introduced a bold and strict tax regime for virtual digital assets. If you are an NRI with investments in crypto through Indian exchanges or earning crypto income sourced from India, this rulebook applies to you.
In this article, you will learn how the 30% crypto tax affects NRIs, when and where it applies, and the specific compliance measures you must take to avoid penalties. Whether you are trading, investing, gifting, or receiving digital assets, the new structure has very little room for interpretation.
From April 1, 2022, all gains from virtual digital assets are taxed at a flat 30% rate under Section 115BBH of the Income Tax Act. This rate applies regardless of how long the asset was held or what income bracket the taxpayer falls into.
If you are earning crypto income through Indian platforms or receiving crypto in Indian accounts, you are liable for Indian taxes even if you are a non-resident.
Crypto Transactions and Their Tax Implications
Type of Transaction
Tax Rate
Can Offset Losses?
Allowable Deductions
TDS Deduction
Sale of crypto
30%
No
Only acquisition cost
Yes (1%)
Crypto-to-crypto swap
30%
No
Not permitted
Yes (1%)
Crypto received as a gift
30%
No
Not permitted
Recipient taxed
You cannot claim deductions for mining expenses, wallet fees, or brokerage charges. The only cost allowed is the acquisition price of the asset.
If your crypto income originates from India or involves an Indian exchange, the income is taxable in India. This includes trading on Indian platforms, receiving crypto in an Indian bank, or gifting crypto to an Indian resident.
Being an NRI does not exclude you from crypto taxation if the transaction has an Indian link.
Since July 2022, India requires 1% TDS to be deducted on every crypto transfer under Section 194S. The TDS is deducted at the source, often by the crypto platform or the buyer.
For NRIs:
Failure to report this TDS correctly can result in delays or tax notices during filing.
Use these steps to stay compliant:
Only Indian-sourced crypto income is taxable in India. Global crypto income is not, unless it flows into Indian accounts or involves Indian exchanges.
Most Double Taxation Avoidance Agreements (DTAAs) provide limited protection for crypto income. Since crypto is taxed under a special flat-rate section in India, relief options are narrow. Some countries do not tax crypto at all, while others tax it differently.
To avoid paying tax twice, consult a qualified cross-border tax advisor who understands the legal treatment of digital assets in both countries.
Many NRIs believe that holding crypto abroad or transacting from overseas makes them exempt from Indian tax rules. If any part of the transaction has an Indian footprint, the 30% crypto tax will likely apply. Indian exchanges report trades to the government, and TDS alerts are generated automatically.
Set up separate wallets for Indian and international crypto holdings. Monitor each transaction involving an Indian exchange. Keep your PAN active and update KYC details regularly to avoid compliance blocks.
Regulation is moving faster than most crypto traders expected. Staying ahead today will save you from problems tomorrow.