Yes, Bitcoin is legal in India. This means that you can legally hold, buy and sell cryptocurrency. It is also legal to mine cryptocurrency in India.
However, India is yet to adopt a framework for regulating cryptocurrencies. While Bitcoin is unregulated in India, that does not mean that you don’t have to pay taxes on profits you make from selling Bitcoin (or any other cryptocurrency). In India, there is a 30% tax and a 4% cess on cryptocurrency gains.
Even though Bitcoin is legal in India, it is not legal tender in the country. That means that BTC can’t be used to pay taxes, legal fines, and so forth. The only legal tender in India is the Indian rupee (INR).
A brief summary of Bitcoin’s legality in India
The relationship between India’s authorities and cryptocurrency has been storied, to say the least. In recent years, however, the situation has become more favorable for cryptocurrency investors and the crypto industry in India.
India has had a cryptocurrency scene since the early 2010s, when the first crypto exchanges were established to offer Indians the ability to buy and sell Bitcoin and other cryptocurrencies. Indian authorities met the new technology with plenty of suspicion, and there were several PILs (public interest litigations) that called either for very strict regulation or an outright ban of cryptocurrencies.
In late 2017, the RBI (Reserve Bank of India) even issued a warning against investing in cryptocurrencies, where they compared crypto assets to ponzi schemes.
In 2018, the RBI issued a circular that prohibited regulated banks and payments providers from conducting businesses with cryptocurrency exchanges or other firms in the cryptocurrency sector. This severely hampered the operation of cryptocurrency exchanges and made it more difficult for Indians to purchase and sell crypto assets in the country.
Thankfully for crypto investors, however, this ban was overturned by the Supreme Court in March of 2020. Since then, we’ve seen considerable growth in India’s cryptocurrency markets and surging trading volumes.
In 2022, a flat 30% tax was imposed on capital gains from cryptocurrency transactions. This was the last major legal development regarding cryptocurrency in India, and the country is yet to adopt a clear regulatory framework for cryptocurrency.
Is Bitcoin legal in India? Answering the most frequently asked questions
Now that we understand that Bitcoin is legal in India and have some context on how BTC and other cryptocurrencies have been viewed by the Indian government in recent years, let’s address some of the most common questions users have regarding Bitcoin’s legality in India.
Is crypto legal in India?
Yes, it is legal to invest in crypto in India. For now, cryptocurrencies remain unregulated in India, as the country is yet to adopt a framework for regulating cryptocurrency other than charging a tax on capital gains from cryptocurrency trading.
Is Bitcoin trading legal in India?
Yes, Bitcoin and crypto trading is legal in India. In fact, there are multiple cryptocurrency that accept Indian customers and some even allow users to convert their cryptocurrency to INR and cash out to their bank account or through another payment method.
Can you cash out crypto in India?
Yes, it’s possible to cash out your cryptocurrency to fiat currency in India. There are plenty of cryptocurrency exchanges that offer cryptocurrency markets denominated in INR - examples include CoinSwitch, ZebPay and CoinDCX. Before choosing which exchange you will use, however, make sure to check if it supports the payment method you want to use to cash out your crypto.
Is Bitcoin taxed in India?
Yes, any profits from selling a cryptocurrency are subject to a 30% tax in India. In addition, a 4% cess is charged as well.
Is Bitcoin and crypto mining legal in India?
Yes, mining Bitcoin and other cryptocurrencies is legal in India. While crypto mining is not regulated in the country, there is no law or regulation prohibiting individuals from engaging in cryptocurrency mining.
Is there a Bitcoin ban in India?
No, Bitcoin is not banned in India. In 2018, the Reserve Bank of India issued a circular prohibiting regulated banks and payment providers from offering their services to firms that deal with cryptocurrency, but this was overturned by the Supreme Court of India in 2020.
The bottom line
In India, Bitcoin and other cryptocurrencies are legal, but unregulated. In the coming years, we wouldn’t be surprised to see India adopt a more comprehensive framework to regulate the nascent cryptocurrency and blockchain sector.
Cryptocurrency traders in India need to be aware that gains made from selling cryptocurrency are subject to a rather substantial 30% tax, plus a 4% cess. If you want to learn more about how Bitcoin and other cryptocurrencies are taxed in India, make sure to take a look at our article explaining crypto taxes in India.
