Category Archives: Direct Taxation

Recent Updates on Accounting Standards : IFRS Updates Overview

Professor_Tax (a modern accounting professor) and Late G. P. Kapadia (the first President of ICAI and first Chartered Accountant of India), discussing the most recent changes in IFRS / Ind-AS. It tries to reflect what their viewpoints might be (Professor more up to date with recent changes; Kapadia bringing in wisdom, principles, and concern for implementation).

Scene: Under the shade of an old banyan tree near ICAI Bhawan in New Delhi. Late G. P. Kapadia sits in his crisp white kurta, a notebook in hand. Professor_Tax, in suit and with spectacles, arrives carrying recent amendments and drafts. The ICAI logo gleams in the background. They start their conversation about IFRS/Ind AS recent changes.

Professor_Tax: Good afternoon, Mr. Kapadia. I’m pleased to sit with you and share how the international and Indian accounting standards are evolving. There are some notable amendments to IFRS / Ind AS that I believe you’ll find very interesting.

G. P. Kapadia: Good afternoon. I always believed that accounting must walk with time, but never lose its principles. Tell me, what are these new waves?

Professor_Tax: Let me begin with some changes at the international level:

1. The IASB has issued amendments to IFRS 19 – Subsidiaries without Public Accountability: Disclosures. The recent changes (in mid-2025) complete its “catch-up” work, reducing disclosure requirements for eligible subsidiaries. These include standards or amendments issued between February 2021 and May 2024: e.g. Supplier Finance Arrangements, Pillar Two Model Rules under income taxes, Lack of Exchangeability, and classification/measurement amendments of financial instruments.

2. There are also Annual Improvements made to IFRS (Volume 11) that clarify wording, remove unintended consequences, align definitions, etc. These affect IFRS 1, IFRS 7, IFRS 9, IFRS 10, and IAS 7. Effective from 1 January 2026, though earlier adoption is permitted.

3. Also, the tax accounting rules under IAS 12 have been amended in response to international tax reforms (especially OECD Pillar Two). There’s a temporary exception for accounting for deferred tax arising from jurisdictions implementing the global minimum tax rules, to reduce uncertainty.

4. Another important change is the classification of liabilities as current or non-current under IAS 1 (Presentation of Financial Statements), particularly when covenants are involved. The substance of the right to defer must exist at the end of the reporting period. Also, if there are covenants that have to be complied with within 12 months, even if assessed later, that can affect classification. Disclosures must be made if non-current liabilities are subject to such covenants.

G. P. Kapadia: Very thorough. And what about in India? How are these being adopted, and what new amendments have we enshrined in Ind AS?

Professor_Tax: In India, there has been significant alignment:

1. Companies (Indian Accounting Standards) Second Amendment Rules, 2025, notified by the Ministry of Corporate Affairs (MCA), incorporate some of these changes. Key among them:

Aligning classification of liabilities as current or non-current and non-current liabilities with covenants under Ind AS 1, in line with amendments to IAS 1.

Disclosure of supplier finance arrangements under Ind AS 7 (Statement of Cash Flows) and Ind AS 107 (Financial Instruments: Disclosures).

The international tax reform — specifically the Pillar Two Model Rules — under Ind AS 12 (Income Taxes).

These are effective from 1 April 2025 for many of the amended accounting standards.

2. There’s also an Exposure Draft issued by ICAI’s Accounting Standards Board (ASB) relating to classification and measurement of financial instruments (Ind AS 109 & Ind AS 107), including transitional arrangements, non-restatement options, disclosures for changes in measurement categories, etc. Effective date projected around 1 April 2026, subject to final notifications.

3. An exposure draft has been released for the “Lack of Exchangeability” amendments to Ind AS 21, to reflect changes in foreign exchange standards consistent with IFRS amendments.

4. Also, MCA has notified other amendments related to insurance accounting (Ind AS 117 replacing Ind AS 104), and consequential amendments to other Ind AS like Ind AS 103, 105, 107, 109, 115, to align with insurance contracts standard.

G. P. Kapadia: Fascinating. I remember when even bringing in new standards was a herculean task. These seem more frequent and more technical. But tell me: what challenges do you see in these for Indian companies, especially smaller ones?

Professor_Tax:

Yes, there are several areas of concern or challenge:

Readiness and capacity: Smaller companies may not have resources to assess complex changes, especially those requiring sophisticated judgments — e.g. classification of liabilities with covenants, or measuring financial instruments with new disclosure requirements.

Systems and data: Some changes require gathering information that’s historically not collected, e.g. about supplier finance arrangements, or assessing deferred tax in jurisdictions impacted by Pillar Two.

Transitional provisions: Each amendment includes how and when to apply them — retrospective vs prospective, whether restatement of comparatives is needed, etc. Companies must carefully plan so that disclosures are clear and comparables are meaningful.

Regulatory / Tax consequences: Sometimes accounting changes feed into taxation or regulatory compliance. For instance, classification of current vs non-current liabilities may affect working capital metrics, covenant compliance, etc., which investors or financiers watch carefully.

Understanding substance vs form: The amendment to IAS 1 emphasizes that the right to defer settlement must have substance and exist at the end of the period. So even if you believe you will comply with a covenant or get waiver after period end, if it’s not binding or enforceable at period end, you may classify differently. That raises legal, contract, and documentation issues.

G. P. Kapadia: Indeed, substance is key. Now, in my time, clarity and simplicity were virtues. Do you think all stakeholders — auditors, companies, regulators — are well-prepared for these changes? What needs to happen so that the transition is smooth and faithful to the principles of trust, transparency, and comparability?

Professor_Tax: I believe we need action on several fronts:

1. Capacity building / Education: Training for CFOs, financial controllers, reporting teams, auditors, so that these new standards are understood, not just technically but practically. Case studies, workshops.

2. Guidance and illustrative disclosures: The ICAI, ASB, and auditing firms need to publish clear implementation guidance, sample formats, Q&A on tricky areas.

3. Strong audit oversight: Auditors will need to be especially diligent about judgments, disclosures, consistency, and documentation. The audit authorities like NFRA in India will also have to monitor how these are being adopted. I note that NFRA has approved amendments in Ind AS 109 recently to enhance financial reporting of financial instruments.

4. Stakeholder engagement: Feedback from smaller companies, from sectors with constrained resources, to see where reliefs, simplifications, or phased implementation may be necessary.

5. Regulatory clarity: Ensuring that tax law / corporate law / financial regulation align or at least do not conflict with accounting changes. Sometimes, an accounting change may affect tax liabilities, or affect covenant compliance, which may have legal or financial consequences.

G. P. Kapadia: Very well-said. If I may offer my own old perspective: while convergence with global standards is important, we must always ensure that the standards are suited to our economic context. What works in one country may need careful adaptation in another. The morality of accounting demands not just compliance, but fairness and usefulness. Would you, for example, advocate different treatment for smaller Indian enterprises vs larger ones under these changes?

Professor_Tax: Yes, and indeed some of the changes already try to give relief:

The standard IFRS 19 Subsidiaries without Public Accountability: Disclosures (and related Ind AS implementation) is designed for subsidiaries that do not have public accountability, allowing them reduced disclosure burdens.

Similarly, exposure drafts sometimes propose non-restatement options or phased implementation to ease burden.

But more could be done: thresholds, clear definitions of what constitutes “public accountability,” perhaps simplified disclosure templates for smaller players, etc.

G. P. Kapadia: Thank you, Professor. It pleases me to see the profession moving with both ambition and careful thought. I trust the foundation stays strong, that accountants will keep their commitment to truth, that the numbers tell the story they should, not the story we want.

Comprehensive Guide to Virtual Digital Asset (VDA) Taxation in India (2025)



1 Overview of the Indian VDA Tax Framework

India’s taxation framework for Virtual Digital Assets (VDAs) establishes a comprehensive system for tracking and taxing cryptocurrency transactions. Introduced through the Finance Act of 2022, this regime defines VDAs broadly to include cryptocurrencies, NFTs, and other digital tokens. The system employs a multi-layered approach with three key tax components that apply uniformly across all types of digital assets.

1.1 Core Tax Components

· Income Tax on Transfers
  · Rate: 30% (plus applicable cess and surcharge)
  · Key Features: Flat rate regardless of holding period. Only cost of acquisition is deductible; no deductions for expenses like gas fees, electricity costs, or other operational expenses.
  · Limitations: No distinction between short-term and long-term holdings; no indexation benefits.
· Tax Deducted at Source (TDS)
  · Rate: 1%
  · Key Features: Applied to the total transaction value above specified thresholds. Must be deducted by the buyer in peer-to-peer transactions.
  · Limitations: Impacts liquidity as tax is deducted at source; must be considered in transaction planning.
· Goods and Services Tax (GST)
  · Rate: 18%
  · Key Features: Levied on service fees charged by crypto platforms (e.g., trading fees), not on the value of the crypto asset itself.
  · Limitations: Additional cost on transaction fees and platform services.

The Indian government has implemented this framework to bring transparency and compliance to the digital asset ecosystem while maintaining oversight of financial transactions. The structure presents unique challenges for traders and investors due to its limited deductions and restrictive loss treatment provisions.

2 What Constitutes a Taxable Event?

Under Indian tax law, nearly every transfer of Virtual Digital Assets qualifies as a taxable event, regardless of whether the transaction results in a profit or loss. Understanding which activities trigger tax liabilities is essential for compliance and accurate tax reporting.

2.1 Common Taxable Events

· Trading VDAs: This includes exchanging cryptocurrency for fiat currency (INR) or trading one cryptocurrency for another. Each swap between different digital assets constitutes a separate taxable event that must be reported individually.
· Staking rewards: Income generated through staking cryptocurrencies is taxable as ordinary income at the time of receipt, based on its fair market value. When these assets are later sold, the 30% tax applies to any gains made from their appreciated value.
· Mining income: Cryptocurrency obtained through mining activities is taxed as income at the recipient’s applicable income tax slab rates. The cost of acquisition for mined crypto is considered zero, meaning no deductions are allowed for expenses like electricity or equipment costs.
· Airdrops and hard forks: Tokens received through airdrops or created through hard forks are treated as taxable income once they are credited to your wallet. The valuation is based on the fair market value at the time of receipt.
· Receiving payment in crypto: Any compensation received in cryptocurrency for goods, services, or as salary is considered taxable income. This income is taxed at your standard income tax slab rates in the year of receipt.
· Gifts of VDAs: Receiving digital assets as gifts may trigger tax implications if the total value exceeds ₹50,000, unless received from specific exempt categories like relatives.

2.2 Non-Taxable Events

· Holding digital assets in your wallet without transferring them
· Transferring cryptocurrencies between your own wallets
· Purchasing VDAs with fiat currency (though this may trigger TDS requirements)

3 Tax Compliance and Reporting Requirements

3.1 TDS Thresholds and Application

The 1% TDS requirement under Section 194S applies once your annual VDA transaction volume exceeds specific thresholds:

· ₹50,000 threshold: Applies to “specified persons” – individuals or HUFs without business income or with business turnover below ₹1 crore/professional receipts below ₹50 lakh in the previous financial year.
· ₹10,000 threshold: Applies to all other persons, including individuals with business turnover exceeding ₹1 crore, companies, firms, and other entities.

For transactions on Indian exchanges, TDS is typically handled automatically by the platform. However, when using foreign exchanges or engaging in peer-to-peer (P2P) transactions, the responsibility for deducting and depositing TDS falls on the buyer.

3.2 Income Tax Return Filing

· Schedule VDA: From the financial year 2023-2024 onwards, taxpayers must report all VDA transactions in the dedicated “Schedule Virtual Digital Assets” in their ITR forms. This separate schedule ensures specific tracking of VDA transactions.
· ITR Form Selection: Most individuals report VDA transactions using ITR-2 (for capital gains) or ITR-3 (for business income). The choice depends on whether your VDA activities qualify as investment or business trading.
· Record Keeping: Maintain detailed records of every transaction, including dates, type of asset, quantity, value in INR, wallet addresses, and exchange statements. These records are crucial for accurate reporting and potential audits.
· Deadlines: For most individuals not requiring an audit, the deadline for filing income tax returns is typically July 31 following the financial year.

4 Special Transaction Types and Their Tax Treatment

4.1 Crypto-to-Crypto Trades

Each trade between different cryptocurrencies constitutes a taxable event for both parties involved. The transaction is treated as selling one asset (triggering gains or losses) and buying another, with both valued at their fair market price in rupees at the time of the trade. For example, trading Bitcoin for Ethereum requires calculating gains/losses on the Bitcoin disposition and establishing a new cost basis for the Ethereum received.

4.2 Airdrops and Mining Income

· Airdrops: Tokens received through airdrops are taxed as “Income from Other Sources” at their fair market value when received. This income is taxed at your applicable income tax slab rates. When you later sell these tokens, the 30% tax applies to any gains, with the previously taxed value serving as your cost basis.
· Mining Rewards: Cryptocurrency obtained through mining is taxed as ordinary income based on its fair market value at receipt. The cost of acquisition is considered zero for calculating gains when the mined crypto is later sold, and no deductions are allowed for mining-related expenses.

4.3 NFT Transactions

Most NFT transactions fall under the VDA tax regime and are subject to the 30% tax on transfers. However, Notification No. 75/2022 excludes certain NFTs from the VDA definition, particularly those whose transfer results in the transfer of ownership of an underlying tangible asset with legally enforceable ownership transfer.

5 Regulatory Environment and Recent Updates

5.1 Anti-Money Laundering (AML) Compliance

Virtual Digital Asset Service Providers, including cryptocurrency exchanges, must register with India’s Financial Intelligence Unit (FIU-IND) and comply with the Prevention of Money Laundering Act (PMLA). Recent enforcement actions have targeted offshore platforms operating without proper registration. Always use FIU-IND registered platforms to ensure regulatory compliance and proper TDS implementation.

5.2 Income Tax Act, 2025

The newly passed Income Tax Act, 2025 modernizes India’s tax code but does not change the fundamental tax rates or framework for VDAs. Key aspects include:

· Effective from April 1, 2026
· Broadens the definition of VDAs to cover any asset holding value in digital form using cryptographic ledger systems
· Introduces the concept of “Tax Year” to replace “Assessment Year” and “Previous Year” for simplicity
· Streamlines TDS provisions by grouping them under a single section for easier compliance

5.3 GST on Crypto Services

Since July 2025, 18% GST applies to services provided by crypto platforms, including trading fees, staking services, wallet management, and other platform charges. This GST is levied specifically on the service fees, not on the value of the crypto assets themselves.

6 Key Strategic Considerations for VDA Investors

6.1 Critical Limitations in the Tax Framework

· No loss set-off or carry-forward: Losses from one VDA transaction cannot be set off against gains from another VDA or any other income source. These losses also cannot be carried forward to future years, making them essentially “dead losses”. This treatment is significantly stricter than other capital assets.
· No distinction between short-term and long-term: The 30% flat tax rate applies regardless of your holding period. This eliminates the tax advantage typically available for long-term investments in other asset classes.
· Limited deductions: Only the cost of acquisition is deductible when calculating gains. No deductions are permitted for expenses like transaction fees, gas fees, wallet charges, or other costs associated with managing digital assets.

6.2 Compliance Strategy

· Choose compliant exchanges: Prioritize platforms registered with FIU-IND to ensure proper TDS implementation and regulatory compliance.
· Maintain meticulous records: Keep detailed, rupee-denominated records of every transaction, including dates, asset types, quantities, values, and associated fees. Consider using specialized crypto tax software for accurate tracking.
· International transaction diligence: When using foreign exchanges, remember you’re responsible for tracking all transactions, converting values to INR at applicable exchange rates, and manually complying with TDS requirements where necessary.
· Professional consultation: For complex activities like mining, staking, DeFi transactions, or frequent trading, consult with a tax professional specializing in VDAs to ensure compliance and optimize your tax position.

India’s VDA tax framework represents one of the strictest regimes globally, characterized by high tax rates, limited deductions, and restrictive loss treatment. While the system ensures transparency and regulatory oversight, it significantly impacts investment returns and strategy in the digital asset space. Staying informed about regulatory developments and maintaining scrupulous records remain essential for navigating this complex tax landscape successfully.



Decoding the Jargon: Simple Explanations

· Virtual Digital Assets (VDAs):
  · This is the official Indian government term for cryptocurrencies (like Bitcoin, Ethereum), NFTs, and other similar digital tokens. If it’s a digital asset that uses cryptography and blockchain, it’s likely a VDA.
· 30% Income Tax on “Transfer”:
  · Transfer doesn’t just mean selling for cash. It includes almost any exchange, like:
    · Selling crypto for rupees (₹).
    · Trading one crypto for another (e.g., Bitcoin for Ethereum).
    · Using crypto to buy goods or services.
    · Giving away crypto (in some cases).
  · You pay a flat 30% tax on the profit from any of these “transfers.”
· 1% TDS (Tax Deducted at Source):
  · Think of this as a small advance tax that is cut automatically during the transaction itself.
  · For example, if you buy crypto for ₹100,000, the exchange will deduct ₹1,000 (1%) as TDS and pay you ₹99,000 worth of crypto. This helps the tax department track all transactions.
· Cost of Acquisition:
  · This is simply the original price you paid to buy the crypto asset. It’s the only cost you can subtract from the selling price to calculate your profit. Other expenses like platform or gas fees don’t count.
· No Loss Set-Off or Carry-Forward:
  · Set-Off: Normally, if you lose money on one investment, you can use that loss to reduce the tax on profit from another. This is NOT allowed with crypto.
  · Carry-Forward: Normally, if you have more losses than gains in a year, you can carry those losses to future years to reduce future taxes. This is also NOT allowed with crypto.
  · In short, crypto losses are “dead losses” and provide no tax benefit.
· Schedule VDA:
  · This is a special section or form in your Income Tax Return (ITR) specifically for reporting your crypto transactions. You must use this dedicated section and not the one used for stocks or mutual funds.
· FIU-IND Registration:
  · The Financial Intelligence Unit – India (FIU-IND) is a government agency that fights financial crimes like money laundering.
  · FIU-IND registered exchanges are platforms that follow Indian rules, making them safer and ensuring they handle TDS correctly.
· Crypto-to-Crypto Trade as a Taxable Event:
  · This is a crucial and often misunderstood point. Even if you don’t convert your crypto back to Indian Rupees (₹), swapping one token for another is a taxable event.
  · Example: Trading Bitcoin for Ethereum is treated as: 1) Selling your Bitcoin (calculate profit/loss), and then 2) Buying Ethereum. You owe tax on the profit from the “sale” of Bitcoin.
· Airdrops & Mining Rewards as “Income from Other Sources”:
  · When you get “free” crypto (from an airdrop or from mining), it’s treated as extra income in the year you receive it.
  · This “income” is taxed not at the flat 30%, but at your normal income tax slab rate (like your salary). Later, when you sell this free crypto, the 30% tax will apply on any further profit.
· GST on Service Fees:
  · You pay an 18% GST (Goods and Services Tax) only on the fee charged by the crypto exchange or platform for facilitating your trade. You do not pay GST on the total value of your crypto transaction.

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