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CBDT crypto guidance imposes no fresh filing burden on individual investors

Experts say the compliance obligations under the new framework fall primarily on Reporting Crypto-Asset Service Providers (RCASPs), including crypto exchanges and intermediaries, and not on individual taxpayers

Dipak Mondal

The Central Board of Direct Taxes' (CBDT) newly issued guidance on crypto-asset reporting does not require individual investors to file any additional disclosures or alter the tax treatment of virtual digital assets, tax experts said, even as the framework significantly expands the government's visibility into crypto transactions.

The clarification assumes significance amid concerns among retail crypto investors following the release of the CBDT's 198-page Guidance Note on Crypto-Asset Reporting Obligations issued under Section 509 of the Income-tax Act, 2025, and Rules 241 to 244 of the Income-tax Rules, 2026.

Experts said the compliance obligations under the new framework fall primarily on Reporting Crypto-Asset Service Providers (RCASPs), including crypto exchanges and intermediaries, and not on individual taxpayers.

"The Guidance Note should primarily be viewed as a compliance and transparency measure rather than a substantive change in India's taxation of crypto-assets," said Amit Agarwal, Senior Partner at Nangia & Co LLP.

The framework operationalises India's adoption of the Organisation for Economic Co-operation and Development's (OECD) Crypto-Asset Reporting Framework (CARF), enabling the automatic exchange of crypto-related tax information among participating jurisdictions.

Under the framework, RCASPs will be required to carry out customer due diligence, determine users' tax residency, collect prescribed KYC and taxpayer information, maintain records of reportable crypto transactions, and furnish annual transaction details through Form 167.

"There is no additional filing requirement for taxpayers under this Guidance Note. However, taxpayers should ensure that their tax disclosures accurately reflect transactions that may now be reported by crypto exchanges," Agarwal said.

Tax experts advised individual investors to continue complying with existing provisions governing virtual digital assets by accurately reporting crypto income in their income tax returns and maintaining records of purchases, sales, transfers, wallet movements and exchange statements.

The CBDT has clarified that the Guidance Note neither legalises nor prohibits crypto-assets and should not be interpreted as regulating crypto transactions. In case of any inconsistency, the provisions of the Income-tax Act and Income-tax Rules will prevail.

Practitioners said the biggest change is likely to be greater transparency. With CARF-based reporting, tax authorities will have access to more granular transaction-level data, including information from offshore exchanges, enhancing their ability to undertake data-driven verification and compliance checks.

"Compliant taxpayers have little to be concerned about. The tax rules remain unchanged, but the reporting ecosystem has become significantly stronger," Agarwal added.

The Guidance Note marks India's latest step towards aligning its digital asset tax framework with global transparency standards while strengthening information-sharing mechanisms without introducing any fresh tax or levy on crypto-assets.

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