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Friday, 30 October 2026BTC₹73,19,593-4.94%

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Buy Crypto P2P in India Past ₹50,000 a Year and the 1% TDS Becomes Your Job, Not the Exchange's

On P2P crypto buys, the buyer owes the 1% TDS once the year's total passes ₹50,000. Worked rupee examples, the ₹10,000 limit and the 20% no-PAN rate.

By 4 min readSources linked inline

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Illustration: BtcMedia. A generated engraving, not a photograph.
Table of contents · 4 min read
  1. What the law says
  2. BtcMedia worked examples
  3. Crypto-for-crypto swaps
  4. How a small buyer actually deposits it
  5. What it means for Indian investors
  6. BtcMedia verdict
  7. FAQ

Most Indians meet the 1% crypto TDS as a line on an exchange statement. The exchange deducts it, deposits it and reports it. On a peer-to-peer (P2P) trade, where you pay another person directly, that middleman is gone, and the law puts the duty on the person paying. For a normal salaried buyer that duty starts once the year’s P2P purchases pass ₹50,000.

What the law says

The rule now sits in section 393 of the Income-tax Act, 2025, which replaced section 194S of the 1961 Act from 1 April 2026. Serial 8(vi) of its table covers “any sum by way of consideration for transfer of a virtual digital asset”: any person paying it to a resident deducts 1%.

Serial 12 of the same section switches TDS off below two yearly limits:

Who is payingNo TDS while the tax year’s total stays at or below
Individual or HUF with no business or profession income₹50,000
Individual or HUF whose previous-year turnover was up to ₹1 crore (business) or ₹50 lakh (profession)₹50,000
Anyone else (companies, larger businesses, firms)₹10,000

Two details matter. The limit is a yearly total, not a per-trade test. And once it is crossed, section 393(1)(a) applies the 1% “on the entire amount”, not just on the part above the limit. The Income Tax Department’s own threshold FAQ sets out the same two limits.

BtcMedia worked examples

All figures below use the rates in the Act; the trades are illustrations.

BuyerP2P purchases in the tax yearTDS the buyer owes
Salaried, buys USDT from individuals₹45,000₹0 (below ₹50,000)
Salaried, buys USDT from individuals₹1,20,000₹1,200 (1% of the full ₹1,20,000)
Shop owner with ₹2 crore turnover last year₹30,000₹300 (₹10,000 limit applies)
Salaried, seller gives no valid PAN₹1,20,000₹24,000 (20% rate)

The second row is the one that surprises people. The buyer who crosses ₹50,000 in, say, January owes 1% on the earlier purchases too, so the deduction has to catch up on later payments.

The fourth row is the costly one. Where the seller has no valid PAN, the higher-rate provision in the Act sets 20% for this kind of payment, as tabulated here from the Gazette text. Ask for the seller’s PAN before you pay.

Crypto-for-crypto swaps

If you pay in another coin, there is no cash to cut 1% from. The TRACES FAQ on section 194S, carried into the new Act, says the payer must “ensure that tax required to be deducted has been paid” before releasing the consideration. In plain terms, someone has to deposit the 1% in rupees before the swap completes.

How a small buyer actually deposits it

An individual within the ₹50,000 category does not need a separate TAN (tax deduction account number). Under the 1961 Act this was a PAN-based challan-cum-statement, Form 26QE, filed through the tax portal, and the TRACES FAQ notes the deductor in that form can only be an individual or HUF. Check the current form name on the e-filing portal before you file, since forms are being renumbered under the 2025 Act.

Once deposited, the 1% is credited to the seller. It shows in their tax statement and is adjusted against their own 31.2% tax on any gain, so it is an advance, not an extra tax.

What it means for Indian investors

BtcMedia verdict

For a buyer staying under ₹50,000 a year, P2P carries no TDS paperwork. Above that, the exchange route is simpler, because the exchange handles the deduction, deposit and reporting. P2P buyers who cross the limit need to run the TDS step themselves, and should never pay a seller who will not share a PAN.

FAQ

Does a buyer have to deduct TDS on every P2P crypto purchase? No. An individual or HUF without business income, or under ₹1 crore turnover, deducts only once the tax year’s total passes ₹50,000. Other payers use a ₹10,000 limit.

Is the 1% charged only on the amount above ₹50,000? No. Once the limit is crossed, the Act applies 1% to the entire consideration for the year.

What if the seller has no PAN? The higher-rate provision sets 20% for this payment instead of 1%.

How we calculated this: rates and limits from section 393 of the Income-tax Act, 2025 and Income Tax Department FAQs, read 30 October 2026, 6:50 AM IST; example trades are illustrative. This is general information, not tax or financial advice. Check your own case with a tax professional.

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