How to save tax on your Bitcoin investments in India, legally!

Indian investors have enjoyed massive gains in Bitcoin, up by over 123% in the past year and currently trading at near ₹1 crore, yet they’re burdened by a harsh tax regime. A 30% flat tax, 1% TDS on each trade, and a blanket disallowance of loss set-off have made direct crypto investing punitive and inefficient.

Despite this, there is always a way through the tedious tax regime: there is a smarter, tax-efficient and legal way to invest in Bitcoin.

A way through the harsh tax reality of Bitcoin trading in India:

Under current Indian tax rules, profits from Bitcoin trading are taxed at a flat 30% rate, plus a surcharge and a 4% cess. Every trade is subject to 1% TDS, irrespective of profit or loss. Worse still, losses can’t be set off against any income, not even other crypto gains, and cannot be carried forward to future tax years.

How is one even supposed to make a profit under this regime? This makes us feel like it’s less of a tax law and more like a daylight robbery. This means even a prudent, long-term investor is treated like a high-frequency gambler. No tax efficiency, no loss planning, and no differentiation between long-term holding and speculative trading.

The legal and strategic alternative? Bitcoin ETFs. These are listed exchange-traded funds that track Bitcoin’s price but are treated differently under Indian tax law.Unlike direct investments in Bitcoin, which are classified as Virtual Digital Assets (VDAs), Bitcoin ETFs, structured as units of foreign mutual funds, enjoy a favourable classification. If held for over 24 months, gains are taxed as long-term capital gains at just 12.5%, far more investor-friendly than the 30% on VDAs. If sold earlier, short-term gains are taxed at your regular income slab.Another huge advantage: no 1% TDS. Bitcoin ETF transactions don’t suffer from liquidity erosion like direct crypto trades do. Plus, losses from ETF investments can be set off against other capital gains and can also be carried forward to future years, something completely disallowed in direct Bitcoin investing under the current VDA regime as of now. For HNIs and serious investors, this structure can mean up to 60% in tax savings while keeping investments regulated and protected.

While some platforms offer INR-settled Bitcoin futures, these instruments often operate in regulatory grey zones. They fall outside India’s VDA definition but remain unregulated by SEBI, with no investor protection or redressal.

Secondly, the collapse of exchanges like Vauld and the ongoing restructuring of WazirX, both Indian exchanges now in Singapore courts, highlight the dangers of trusting unregulated platforms. WazirX’s alleged claim that ₹5,000 crore of investor funds are actually company-owned while shielding itself under Singapore law shows how Indian investors are left with no local protection.

Moreover, these platforms pose full counterparty risk. Unlike NSE/BSE derivatives offerings, which have clearing corporations and capital adequacy rules, crypto futures platforms rely entirely on internal solvency, thereby remaining unchecked, unaudited, and uninsured.

Even the supposed tax advantage is unreliable. Frequent crypto futures trading can attract business income classification, leading to the applicability of a significant compliance burden.

In short, Bitcoin futures may offer a loophole, but they come at the cost of investor safety, regulatory compliance, and long-term viability. Bitcoin ETFs are unquestionably the better option for traders to invest in, while Bitcoin still carries remaining risk.

Bitcoin ETF: The smarter choice for you!

For Indian investors looking to grow their wealth in a compliant, tax-efficient, and secure manner, Bitcoin ETFs offer the ideal solution. They combine the upside of digital assets with the structure and investor protections of traditional finance. Compared to direct crypto trading, Bitcoin ETFs allow investors to save up to 60% in taxes, avoid the 1% TDS, and claim loss set-off and carry-forward, benefits denied under the current VDA tax regime.

There are platforms through which, Indian investors can now access US-listed Bitcoin ETFs via regulated brokers and GIFT City-compliant structures. In an environment of tightening regulations and ongoing failures of unregulated platforms, ETFs are not just a safer route; they’re the only logical path forward.

(The article is written by Srinivas L., CEO of 9Point Capital.)

(Disclaimer: Recommendations, suggestions, views and opinions given by the experts are their own. These do not represent the views of the Economic Times)