New Developments in India's Encryption Regulation: Stricter Tax Rules to Be Implemented in 2025

The Indian government recently announced the fiscal budget for 2025, introducing stricter reporting requirements and enhanced regulatory mechanisms based on the existing encryption regulatory framework. This move is a further extension of the 30% tax policy implemented in 2022.

In 2022, Article 115BBH of the Income Tax Law formally incorporated encryption assets into the tax system for the first time, but it does not allow traders to offset losses against other income. The 2025 budget proposal introduced Chapter 285BAA into the Income Tax Law, further expanding the regulatory scope, requiring specific institutions to report encryption transactions within the stipulated time frame. At the same time, the government expanded the definition of virtual digital assets (VDA) to include all encryption assets based on distributed ledger technology, in order to adapt to industry development.

In recent years, the regulatory attitude of countries around the world towards encryption has gradually shifted from excessive regulation to a more flexible, cautious, and adaptive approach. However, as one of the most active countries in global encryption trading, India still maintains strict regulations and harsh tax policies, lagging behind the international market's trend of friendly regulation towards encryption assets.

India's encryption tax system is considered one of the most stringent in the world, not only undermining investor confidence but also hindering the innovation and application development of blockchain technology. Despite repeated calls from various sectors of the market to relax tax policies, the Indian government's stance has remained unwavering.

Currently, India imposes a tax rate of 30% on the profits from encryption assets, which is at an extreme level globally. Furthermore, this tax system does not allow investors to deduct losses or operating costs, leading many encryption companies and investors to migrate to more friendly jurisdictions. The 2025 fiscal budget also further expands the definition of "encryption assets" to include all blockchain technology-based encryption assets under the taxation scope.

The Income Tax Act imposes stricter penalties on undeclared VDAs, classifying them as "undeclared income" and imposing fines of up to 70%, without providing any exemptions or relief policies. This level of punishment reflects the Indian government's high-pressure stance on encryption assets.

In such a harsh tax environment, the large-scale relocation of domestic encryption companies in India has become a trend. However, the continuous growth of trading volume in the encryption market reflects a significant gap between regulatory policies and market realities. Despite the government's attempts to curb the encryption market through high tax policies, the younger generation of investors in India still views encryption assets as a primary or supplementary source of income.

India's stringent tax policies undoubtedly increase the difficulty for encryption companies to operate in the local market. Although the encryption industry remains quite vibrant in India, more welcoming regulatory environments in other regions are attracting companies to relocate. Research predicts that by 2035, the size of the Indian encryption market is expected to grow from the current $2.5 billion to $15 billion. However, overly strict regulations may drive capital from India's encryption industry to other countries, resulting in reduced tax revenues for the Indian government, limited market innovation, and affecting India's competitiveness in the global digital finance ecosystem.

Another major challenge for the Indian encryption market is regulatory complexity and legal uncertainty. Although the Indian government proposed to establish a comprehensive encryption regulatory framework as early as 2021, the bill tends to prohibit Bitcoin and altcoins, and promote central bank digital currency, ultimately leading to the bill's prolonged failure to be implemented. In this regulatory environment, market participants face policy fluctuations and compliance risks, hindering long-term investments.

In conclusion, although the Indian government has strengthened regulations under the guise of financial stability, the strict tax system and vague regulatory framework are severely restricting the innovation capabilities of India's encryption market and affecting India's global competitiveness. The Indian government needs to find a balance between investor protection and market development, lower tax rates, clarify asset classification, and reduce legal uncertainties to enhance market confidence and attract more capital. If India continues to maintain its current regulatory stance, it may miss economic opportunities in the blockchain and digital finance sectors; conversely, India still has the potential to become a significant player in the global encryption market.