Income Tax Bill 2025 Clarifies Virtual Digital Asset Definition, Includes NFTs: Key Details

The Finance Minister's budget speech omitted crypto tax changes.

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Written by Radhika Parashar, Edited by Siddharth Suvarna | Updated: 14 February 2025 18:45 IST
Highlights
  • The new Income Tax Bill, 2025 has been introduced in the Lok Sabha
  • The legislation spans 622 pages and contains 536 clauses
  • This bill is in line to replace the existing Income Tax Act of 1961

The Finance Ministry has not announced any changes in the crypto tax regime

Photo Credit: Pixabay/ Sergie Tokmakov

Finance Minister Nirmala Sitharaman introduced the new Income Tax Bill, 2025 to the Lok Sabha on February 13. With this new bill, the finance ministry has provided more clarity to define what constitutes the sector of ‘virtual digital assets (VDAs)' in the country. This move follows her presentation of the FY2025-26 budget earlier this month. During her budget speech, the FM did not mention any changes to the tax laws enforced over the crypto sector, leaving members of the crypto community disappointed.

Here's How the New Income Tax Bill, 2025 Defines VDAs

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India is among the many countries working to gain a deeper understanding of the Web3 industry, which encompasses blockchain, cryptocurrencies, and non-fungible tokens (NFTs).

According to the new Income Tax Bill -- any information, code, number, or token that is generated through cryptographic means and provides any digital representation of an inherent value -- will be seen as part of the VDA ecosystem in the country.

For the first time, NFTs have been explicitly classified as virtual digital assets (VDAs) in India. These blockchain-based tokens represent unique digital or physical assets that cannot be replicated. NFT holders have certified proof of ownership, which remains immutable unless they choose to transfer or divide it. While some NFTs serve as digital collectibles, many hold financial value and can be traded for profit. In recent years, brands and game publishers have leveraged NFTs in marketing strategies to attract younger audiences, offer rewards, and drive in-service spending.

"The Central Government may, by notification, exclude any digital asset from this definition,” the bill added.

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Commenting on the development, Giottus founder Arjun Vijay told Gadgets 360 that after due diligence, the government may warm up to the VDA sector after all.

“Just like how all transactions for stocks, etc is stored with Income tax and find a mention in the automatic identification system (AIS), soon we will have the same for crypto transactions as well,” Vijay said. “We are happy with every interaction as we get more coupled with the government bodies, and we get an opportunity to prove our commitment.”

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Other Crypto-Related Information that Made it to the Bill

The 622-page legislation, comprising 536 clauses, offers guidance on aligning crypto businesses with Indian law. It clarifies that funds generated through virtual digital assets (VDAs) are classified as "undisclosed income."

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On Page 492, the bill outlines the obligation to report crypto transactions. It mandates that any entity dealing with cryptocurrencies must submit transaction details to the income tax authority. However, the bill does not specify the format, manner, or timeframe for submission.

If errors are found in submitted details, businesses will have 30 days to correct them. Failure to do so within the given period will be considered as furnishing inaccurate information. Companies may also proactively report errors to the tax authorities. Non-compliance with reporting requirements could lead to action from tax officials.

The Income Tax Bill 2025 is set to replace the Income Tax Act of 1961, aiming to simplify the tax filing process. However, the Finance Ministry has not introduced any changes to the existing 30 percent tax on crypto income.

India's crypto and Web3 community continues to await supportive policy amendments while recognising the complexities of assessing VDA-related risks in a country of India's scale. However, they remain hopeful that, over time, authorities will take steps to foster the growth of the Web3 sector.

“Speed always does not equate to sustainability. With so many stakeholders involved, Government agencies, financial institutions and regulators public policy making will take time to ensure it is comprehensive and inclusive,” Utkarsh Tiwari, Chief Strategy Officer , KoinBX crypto exchange told Gadgets 360.

 

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