NRI Crypto Tax: Exemptions, Rates & Benefits in India

StakeLiquid > NRI Crypto Tax: Exemptions, Rates & Benefits in India
NRI Crypto Tax: Exemptions, Rates & Benefits in India
13 Dec
Johnathan DeCovic Dec 13 2024 0

NRI Crypto Tax Calculator

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Enter your crypto trading details below to calculate your tax liability and TDS deduction.

Tax Breakdown

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Important Note: This calculator assumes a flat 30% tax rate for NRI crypto sales. For mining or airdrop income, slab rates apply. TDS is 1% if sale exceeds ₹50,000.

For accurate tax advice, consult a certified tax professional.

When you’re an Non-Resident Indian (NRI) is a person of Indian origin who does not satisfy the residency criteria under Indian tax law, navigating crypto tax can feel like walking through a maze with shifting walls. The Indian government treats every crypto transaction - whether you bought Bitcoin on a foreign exchange or earned tokens through mining - the same way, but a few nuances hinge on your residency status. Below we break down the current rules, where (if anywhere) exemptions exist, and what you can do today to keep the taxman happy without losing sleep.

Current Crypto Tax Regime in India

Since the 2022 rollout of the virtual digital asset (VDA) framework, the Income Tax Act the primary legislation governing taxes in India has applied a flat 30% tax on capital gains from the sale of any VDA. The rule was sharpened in April2025: the holding period no longer matters, and you can only deduct the purchase price - transaction fees, wallet storage costs, and even gas fees are off‑limits.

How the 30% Rate Is Calculated for NRIs

Let’s say you bought 2BTC at ₹2million each and sold them later for ₹5million each. Your capital gain is (₹5M-₹2M)×2=₹6million. Apply the flat 30% rate and you owe ₹1.8million in tax, regardless of whether you held the coins for 30days or three years.

  • Only the purchase cost (₹2million per BTC) is allowed as a deduction.
  • Transaction fees, network fees, and storage charges cannot be subtracted.
  • Losses from crypto cannot be set‑off against other income or even against gains from other crypto trades.

When the sale consideration exceeds ₹50,000, the exchange must deduct Tax Deducted at Source (TDS) a 1% withholding tax under Section 194S on the transaction amount. For NRIs, the same rule applies - the 1% is swept off before the money hits your wallet.

What About Crypto Tax Exemptions for NRIs?

Short answer: there are no dedicated crypto exemptions for NRIs. The broader NRI tax reliefs, such as those in Section 115F which provides long‑term capital gains exemption on certain foreign‑exchange‑linked assets, explicitly exclude VDAs. You cannot reinvest crypto proceeds into the approved bonds or mutual funds to claim the exemption.

However, the tax code does treat crypto acquired without purchase consideration differently. If you receive tokens as a mining reward, a gift, or an airdrop, the value is taxed at your personal income‑tax slab rather than the 30% flat rate. For a high‑income NRI in the 30% slab, there’s no saving, but a lower‑income NRI in the 10% slab could see a noticeable reduction.

Residency Rules - Why They Matter for Crypto

Effective April12026, the Indian residency threshold shrinks from 182days to 120days, plus a ₹15lakhs Indian‑source income test. If you cross that line, you become a tax resident and your global crypto gains fall under Indian tax law - the same 30% flat rate applies, but you lose the “only Indian‑source income” carve‑out that NRIs typically enjoy.

Most NRIs sit in the Resident but Not Ordinarily Resident (RNOR) a transitional status where only Indian‑source income is taxable bracket during the year they return to India. The ambiguity lies in defining “Indian source” for decentralized transactions. Trades executed on an Indian exchange are clearly Indian‑source, but buying on Binance or Coinbase via a foreign IP can be argued as foreign‑source. Tax advisors usually recommend treating any transaction routed through an Indian exchange as taxable, just to stay on the safe side.

Compliance Checklist for NRIs

Compliance Checklist for NRIs

  1. Maintain a spreadsheet that logs every crypto purchase, sale, receipt, and transfer with dates, amounts (INR), and counterparties.
  2. Report total crypto gains in Schedule CG of your income‑tax return. Use the “Capital gains - other assets” section.
  3. Declare any crypto received as mining reward, airdrop, or gift under “Income from other sources” to be taxed at slab rates.
  4. Ensure the exchange has deducted the 1% TDS and that the Form 26AS reflects it. If not, claim it as a tax credit.
  5. File the required “Foreign Assets” schedule (Schedule FA) if you hold wallets or tokens on non‑Indian platforms.

Missing any of these steps can attract penalties ranging from 100% of tax due to the under‑reporting clause.

Planning Strategies - Making the Best of a Bad Situation

Even though direct crypto exemptions are missing, a few tactics can soften the impact:

  • Timing of sales: If you anticipate crossing the 120‑day residency threshold in 2026, defer large crypto disposals until after you return to your home country.
  • Use foreign exchanges: Conduct high‑value trades on non‑Indian platforms, keeping the transaction evidence clearly foreign‑source. This may help argue that the gains are not Indian‑source for an RNOR.
  • Leverage mining and airdrop income: Since these are taxed at slab rates, structure your activity to stay within a lower slab (e.g., keep total global income below ₹10lakhs if possible).
  • Loss harvesting is not allowed: Because crypto losses cannot be set‑off, consider holding assets longer to avoid realizing a loss that cannot be used elsewhere.
  • Professional advice: A tax consultant familiar with both Indian and your home‑country tax treaty can identify any treaty benefits that may reduce double taxation.

Future Outlook - Will Exemptions Appear?

As of October2025, the government has not announced any crypto‑specific relief for NRIs. The Finance Ministry is reviewing the VDA framework, and industry groups are lobbying for a “crypto‑friendly” clause that would allow loss set‑off and lower rates for long‑term holdings. Until then, the safest bet is to assume the 30% flat rate and the lack of set‑off remain in place.

Keep an eye on the budget announcements every February - that’s when most tax reforms land. If a new exemption slips in, it will likely be announced under the headline “Tax relief for virtual digital assets”.

Quick Reference Table

Tax Treatment Comparison - NRIs vs Residents
Category Tax Rate Deductible Costs Loss Set‑off TDS Rate (Section 194S)
NRIs - Crypto Sale (Indian source) 30% Purchase price only Not allowed 1% on sales > ₹50,000
NRIs - Crypto Received as Mining/Airdrop Applicable slab (10‑30%) None Not applicable None
Residents - Crypto Sale (any source) 30% Purchase price only Not allowed 1% on sales > ₹50,000
Residents - Section 115F eligible assets (non‑crypto) Exempt (if reinvested) Varies by asset Allowed per asset class None

Bottom Line for NRIs

There are no dedicated crypto tax exemptions for NRIs today. The flat 30% rate, lack of loss set‑off, and the 1% TDS rule create a relatively heavy tax burden compared with traditional investments. Your best defense is meticulous record‑keeping, smart residency timing, and possibly using foreign exchanges to argue non‑Indian source income. Until the government rolls out a crypto‑specific relief package, consider crypto as a taxable side‑venture rather than a tax‑optimised investment.

Frequently Asked Questions

Frequently Asked Questions

Do NRIs get the Section 115F exemption on crypto gains?

No. Section 115F applies only to approved foreign‑exchange‑linked assets such as bonds, debentures, and certain mutual funds. Cryptocurrencies are explicitly excluded.

Is the 1% TDS applied to crypto trades on foreign exchanges?

The TDS rule (Section 194S) is triggered only when the transaction is routed through an Indian exchange. Trades on purely foreign platforms are not subject to Indian TDS, but you still must disclose the gains in your Indian return.

Can I offset crypto losses against my salary income?

No. The tax law does not allow loss set‑off from virtual digital assets against any other income, including salary or other capital gains.

How does the 120‑day residency rule affect my crypto tax?

If you stay in India 120 days or more and earn over ₹15lakhs from Indian sources, you become a tax resident from April2026. That means all worldwide crypto gains will be taxed at the flat 30% rate, eliminating any RNOR benefit of only Indian‑source taxation.

Should I report crypto held on foreign wallets?

Yes. Any foreign‑held crypto is required to be disclosed in Schedule FA (Foreign Assets) of your Indian return, even if no Indian tax is due on the gains.

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Johnathan DeCovic

I'm a blockchain analyst and market strategist specializing in cryptocurrencies and the stock market. I research tokenomics, on-chain data, and macro drivers, and I trade across digital assets and equities. I also write practical guides on crypto exchanges and airdrops, turning complex ideas into clear insights.

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