India's No Loss Offset Rule: How It Impacts Crypto Traders

When you hear about the No loss offset rule is a provision in India’s crypto tax law that blocks traders from using crypto losses to reduce taxable gains, the first reaction is often frustration. This rule, locked in under Section 115BBH(2)(b) of the Income Tax Act, reshapes every calculation a trader makes. Below we unpack what the rule does, how it fits into the broader India crypto tax framework, and what real‑world traders are doing to stay afloat.

Key Takeaways

• The no loss offset rule forbids using any crypto loss to offset crypto gains in the same financial year.
• All Virtual Digital Assets (VDAs) face a flat 30% tax, plus a 1% TDS on transfers above ₹10,000.
• Losses cannot be carried forward, nor can they reduce income from salary or other businesses.
• Traders must file Schedule VDA on ITR‑2 or ITR‑3; the simple ITR‑1 is off‑limits.
• Common work‑arounds include futures trading, offshore platforms, and meticulous record‑keeping.

What Exactly Is the No Loss Offset Rule?

The rule simply states that any loss incurred on the sale or exchange of a VDA cannot be used to lower the taxable amount of gains from other VDA transactions. In practice, if you earn ₹100,000 from one Bitcoin trade and lose ₹80,000 on an Ethereum trade, the tax authority still treats you as if you earned the full ₹100,000. At a 30% rate, that’s ₹30,000 in tax - even though your net profit across both trades is only ₹20,000.

Unlike equities, where you can offset gains with losses within the same asset class and even carry forward net losses for up to eight years, the crypto regime offers no such relief. The rule applies uniformly to every VDA - that includes Bitcoin, Ethereum, NFTs, and even newer tokens.

How the Rule Slots Into India’s Crypto Tax Framework

India’s crypto tax system rests on three pillars:

1. 30% flat crypto tax on all gains, regardless of income bracket.
2. Tax Deducted at Source (TDS) of 1% on every transfer that exceeds ₹10,000 in a year (₹50,000 for small traders and HUFs).
3. The no loss offset rule described above.

These pillars work together to create an effective tax rate that can easily outrun 30% of your gross gains, especially when you factor in the TDS deducted at the moment of each transaction.

Real‑World Impact: Numbers That Matter

Let’s walk through a typical month for an active trader:

• Buy BTC for ₹150,000, later sell for ₹180,000 → ₹30,000 gain.
• Swap ETH for a meme token, ending with a ₹40,000 loss.
• Total taxable gains = ₹30,000 (losses ignored).
• Tax due = 30% × ₹30,000 = ₹9,000.
• Meanwhile, the 1% TDS on the ₹220,000 total transaction volume = ₹2,200, taken out upfront.

Even though the trader’s net cash flow for the month is a modest ₹20,800 loss (₹180,000 + ₹40,000 - ₹150,000 - ₹9,000 - ₹2,200), the tax bill remains based on the profit alone. Many traders report that the combined tax and TDS can eat up more than 40% of their gross gains, turning a profitable strategy into a losing one.

Compliance Headaches: Schedule VDA and Record‑Keeping

Because the simple ITR‑1 form cannot capture crypto activity, every trader must file either ITR‑2 or ITR‑3 and attach Schedule VDA. The schedule asks for:

• Acquisition cost for each transaction.
• Date of purchase and sale.
• Closing INR value at the time of each trade.
• Any TDS deducted and deposited.

Missing a single detail can trigger notices, penalties, or even the 60% tax on undisclosed holdings introduced by Budget 2025. The penalty, under Section 158B, is applied retrospectively from February 1, 2025, making timely compliance more crucial than ever.

Traditional Investment Tax vs. Crypto Tax: A Quick Comparison

The comparison makes it clear why many Indian traders feel the crypto tax regime is disproportionately harsh.

Work‑Arounds and Mitigation Strategies

Traders aren’t sitting idle; they’re adapting in several ways:

1. Futures and derivatives: Since crypto futures are classified as financial contracts, they escape the VDA definition and the 1% TDS. However, profit‑and‑loss calculations still follow the 30% rule, and margin requirements add another layer of risk.
2. Offshore exchanges: Moving trading to non‑Indian platforms avoids domestic TDS, but any INR‑valued remittance above ₹7 lakh triggers a 20% Tax Collected at Source (TCS) under the Liberalised Remittance Scheme. Plus, the 60% undisclosed‑holding penalty can still apply if the government discovers the assets.
3. Tax‑loss harvesting limits: Although losses can’t offset gains, they can be used to reduce the taxable amount of other income only if the trader structures a separate business entity for crypto activities - a complex and audit‑prone route.
4. Professional tax assistance: Firms like CoinSwitch and Dinesh Aarjav & Associates now offer dedicated crypto‑tax filing services. Their expertise helps avoid missed TDS deposits and ensures proper Schedule VDA entries.

Future Outlook: Will the Rule Ever Change?

As of October 2025, the government has doubled down. Budget 2025 introduced stricter penalties, not relief. Industry bodies keep lobbying for a loss‑offset provision, arguing that the current setup stifles innovation and pushes traders offshore, ultimately reducing tax revenue.

Analysts predict two possible paths:

• Maintain the status quo: Enforcement intensifies, more traders shift to futures or exit the market, and the official trading volume on Indian exchanges continues to dip.
• Introduce limited relief: A compromise could allow loss offset within the same fiscal year or introduce a modest carry‑forward mechanism. That would likely boost domestic activity but would need a legislative amendment to Section 115BBH.

Until a change materialises, the safest bet for Indian crypto enthusiasts is meticulous record‑keeping, proactive TDS payments, and exploring futures or compliant offshore routes with professional advice.

Quick Checklist for Indian Crypto Traders

• Maintain a spreadsheet with date, token, INRs bought, INRs sold, and gas/fee details for *every* transaction.
• Pay the 1% TDS on each transfer over ₹10,000; keep the TDS certificates from the exchange.
• File Schedule VDA on ITR‑2/ITR‑3; never use ITR‑1 if you have any crypto activity.
• Consider futures contracts if you want to avoid TDS, but remember the 30% tax still applies.
• Consult a crypto‑savvy tax professional before the fiscal year‑end (31 March).