India Keeps Tough Crypto Taxes, Tightens Penalties in 2026 Budget

Nirmala Sitharaman used her February 1, 2026, budget speech to send a clear signal to India’s digital asset industry: the existing crypto tax framework will remain firmly in place.

Despite sustained lobbying from exchanges, startups, and investors, the government opted to preserve the high-tax regime introduced in previous years, prioritizing compliance and oversight over market stimulation.

The decision removes near-term uncertainty around tax rates but reinforces a regulatory stance that continues to weigh heavily on domestic crypto activity, particularly trading volumes and liquidity.

Crypto Tax Rules Remain Unchanged for FY 2026–27

Under the Union Budget, the core taxation framework for Virtual Digital Assets (VDAs) remains intact for the upcoming fiscal year. All gains from crypto transactions continue to be taxed at a flat 30%, irrespective of holding period or investment intent, keeping crypto outside the more nuanced capital gains structure applied to other asset classes.

The 1% Tax Deducted at Source (TDS) on crypto sales also remains unchanged. Applied to each qualifying sell transaction, the levy has been widely criticized for fragmenting liquidity and discouraging active trading. In addition, investors are still barred from offsetting losses across different crypto assets or carrying those losses forward, a restriction that significantly alters risk management compared with equities or derivatives.

Deductions remain narrowly defined. Apart from the direct cost of acquisition, expenses such as transaction fees or gas costs are still excluded, further raising the effective tax burden for frequent participants.

New Penalties Shift Focus to Compliance and Reporting

While rates were left untouched, the 2026 budget introduced a stricter compliance regime under Section 509 of the Income-tax Act, effective April 1, 2026. The new framework targets reporting accuracy rather than transactional behavior.

Entities that fail to submit required crypto transaction statements will face a daily penalty of ₹200 until compliance is achieved. Separately, providing inaccurate information or failing to correct errors will trigger a flat fine of ₹50,000 per instance. These measures significantly increase the cost of non-compliance for exchanges and other reporting intermediaries, signaling a stronger enforcement posture from tax authorities.

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Industry Reaction and Liquidity Concerns

Industry response was broadly negative, with market participants expressing frustration that the budget did not address structural issues affecting domestic liquidity. Many argue that the unchanged 1% TDS continues to incentivize traders to migrate activity offshore, where transaction friction is lower.

Industry estimates suggest that more than $42 billion in trading volume moved to foreign exchanges between mid-2022 and mid-2023, a trend participants fear could persist or deepen under the current framework. From their perspective, the combination of high taxation and limited loss treatment reduces India’s competitiveness as a crypto trading hub.

Takeaway

India’s 2026 budget reinforces regulatory consistency but at the cost of flexibility. By maintaining high tax rates while tightening compliance penalties, policymakers have prioritized transparency and control over market development.

For now, the framework offers clarity rather than relief, leaving the crypto industry to adapt to a regime that remains among the most restrictive globally, with future growth likely tied to enforcement outcomes rather than tax reform.

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