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Australia vs India

Crypto regulation comparison

← Back to map | Australia | India
Australia

Australia

India

India

Legal
Legal

Cryptocurrency is legal and well-regulated in Australia. AUSTRAC oversees AML/CTF compliance for exchanges, ASIC handles consumer protection, and the ATO treats crypto as property for tax purposes. Australia has been developing a comprehensive licensing framework for digital asset platforms.

India legalized crypto taxation in the 2022 Union Budget, imposing a flat 30% tax on all crypto gains with no deductions for losses. A 1% TDS (Tax Deducted at Source) on crypto transactions above thresholds also applies. The Supreme Court struck down the RBI's 2018 banking ban in 2020, and India is now developing a broader regulatory framework.

Tax Type Capital gains
Tax Type Capital gains
Tax Rate 0-45%
Tax Rate 30%
Exchanges Yes Yes
Exchanges Yes Yes
Mining Yes Yes
Mining Yes Yes
Regulator ASIC, AUSTRAC, ATO
Regulator CBDT, FIU-IND, SEBI, RBI
Stablecoin Rules Stablecoins to be regulated under proposed payments framework legislation
Stablecoin Rules No specific stablecoin regulation; RBI exploring digital rupee CBDC
Key Points
  • Digital currency exchanges must register with AUSTRAC and comply with AML/CTF Act
  • ATO treats cryptocurrency as a CGT asset; holding for 12+ months qualifies for 50% discount
  • ASIC regulates crypto products that qualify as financial products under the Corporations Act
  • Treasury released a token mapping consultation in 2023 to classify digital assets
  • Proposed licensing regime for digital asset platforms under development
Key Points
  • Flat 30% tax on all crypto gains with no loss offset against other income (effective April 2022)
  • 1% TDS on crypto transactions above ₹10,000 (₹50,000 for specified persons)
  • Supreme Court struck down RBI's 2018 banking circular banning banks from serving crypto firms
  • FIU-IND requires VASPs to register and comply with PMLA (Prevention of Money Laundering Act)
  • India blocked non-compliant offshore exchanges (Binance, others) in 2024, later some re-registered
Sources
Sources
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