China vs India
Crypto regulation comparison
China
India
China has imposed a comprehensive ban on cryptocurrency activities. In September 2021, the PBOC and ten other agencies jointly declared all cryptocurrency transactions illegal, and the State Council banned crypto mining. China is instead promoting the digital yuan (e-CNY) CBDC.
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.
Key Points
- All crypto transactions declared illegal by PBOC and 10 agencies in September 2021
- Crypto mining banned by the State Council in 2021 after a series of provincial crackdowns
- Financial institutions and payment companies prohibited from facilitating crypto services
- China actively developing and piloting the digital yuan (e-CNY) CBDC
- Despite the ban, some Chinese citizens reportedly access crypto via VPNs and OTC desks
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
- Income Tax India - Section 115BBH
- FIU-IND - VASP Registration Circular
- Income Tax India - CBDT Circular 23/2022
- Income Tax India - TDS on VDA Section 194S
- Supreme Court - IAMAI v RBI Judgment (March 2020)
- PIB - FIU-IND Show Cause Notices to Offshore VDA SPs
- Gazette of India - PMLA VDA Notification (March 2023)