#DigitalAssetBill Review of the Digital Asset Bill in India (as of May 2, 2025)

While a specific, comprehensive "Digital Asset Bill" that holistically regulates all aspects of cryptocurrencies and digital assets is still under development in India, significant steps have been taken through amendments to existing laws, particularly the Income Tax Act. Here's a review of the current situation, which reflects the essence of the ongoing legislative efforts:

Key Aspects of the Current Regulatory Landscape:

* Taxation of Virtual Digital Assets (VDAs): The Income Tax Bill, 2025, builds upon the Finance Act of 2022 to establish a clear tax framework for VDAs, which include cryptocurrencies and Non-Fungible Tokens (NFTs).

* Classification as Property and Capital Assets: VDAs are explicitly treated as property and capital assets under the Income Tax Bill, 2025. This aligns India with global practices where digital assets are often classified as either securities or property for tax purposes.

* Capital Gains Tax: A flat tax rate of 30% is levied on income from the transfer of VDAs. Notably, unlike traditional capital assets, no deductions (other than the cost of acquisition) are allowed. For example, if you buy Bitcoin for ₹1,00,000 and sell it for ₹1,50,000, the ₹50,000 profit is taxed at 30%, with no deduction for transaction fees.

* Tax Deducted at Source (TDS): A 1% TDS is applicable to the transfer of VDAs, even in peer-to-peer (P2P) transactions, to enhance the tracking of large crypto transactions. The threshold for TDS exemption is ₹50,000 for small traders and ₹10,000 for others in a financial year.

* Inclusion in Undisclosed Income: Failure to report VDA holdings can lead to their classification as undisclosed income, subject to соответствующее taxation. Tax authorities also have the power to seize VDAs during investigations related to tax evasion.

* Reporting Requirements: Entities dealing in VDAs, such as exchanges and wallet providers, are mandated to report transactions in a prescribed format.