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Which income tax act applies to your ETH transaction?
The Income Tax Department distinguishes an assessment year (AY) from a tax year (TY). Its guidance says Tax Year 2026–27 onward is covered by the Income Tax Act, 2025. Earlier periods, including AY 2026–27, use the Income-tax Act, 1961. Do not treat “AY 2026–27” and “TY 2026–27” as interchangeable: they refer to different filing-period frameworks. See the Department’s General Questions FAQs for its period guidance.
For TDS, the decisive date is the earlier of credit or payment. The Department’s Tax Payments FAQ says that if this event occurred on or before 31 March 2026, the 1961 Act applies; if it occurred on or after 1 April 2026, the corresponding withholding provisions of the 2025 Act apply. For example, a March credit is not shifted to the new law just because payment happens in April. Conversely, an advance paid before April remains in the old-law period even if the accounting credit comes later.
Keep the ETH transaction date, payment date and credit date. The date test for TDS is separate from the tax-year or assessment-year label used for income-tax filing.
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| Question | Applicable period | Practical implication |
|---|---|---|
| Which Act governs income tax for the return period? | Tax Year 2026–27 onward: Income Tax Act, 2025. Earlier periods, including AY 2026–27: Income-tax Act, 1961, according to the Department’s General Questions FAQs. | Identify the correct tax year or assessment year before using a section number or return schedule. |
| Which Act governs TDS on an ETH transfer? | Earlier of credit or payment on or before 31 March 2026: 1961 Act. On or after 1 April 2026: 2025 Act, according to the Department’s Tax Payments FAQ. | Use transaction records to establish the earlier event; an April payment alone does not determine the Act. |
Income tax on ETH: what the verified legacy rule says
For periods governed by the 1961 Act, the Income Tax Department’s 2026 ITR material identifies income from transfer of a virtual digital asset (VDA) under section 115BBH and shows a 30% rate. It also requires transaction-level details in the VDA schedule. These are legacy-law details: do not carry the section number or schedule treatment forward as if they were the 2025 Act’s provisions. The Department’s 2026 ITR notifications are the official source for the legacy return schedules.
ETH is a crypto asset, but the material cited here does not establish how every ETH-related event is treated. Staking rewards, airdrops, hard forks, gifts, DeFi swaps, mining, residency across countries and valuation questions can involve distinct rules and facts. Do not assume each receipt, wallet movement or network event is automatically the same kind of taxable transfer; check the applicable law and authoritative guidance for the specific event.
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ETH sale TDS under the Income Tax Act, 2025
TDS is tax withheld against transfer consideration and reported to the tax authority; it is not, by itself, the final calculation of tax on your ETH income. For covered post-1 April 2026 transfers, the Department’s Form 141 manual places VDA-transfer TDS in Schedule D under section 393(1), Table 8(vi). The manual describes Form 141 as a consolidated challan-cum-statement replacing the older Form 26QE route for this covered process, and says it applies to resident deductees through the e-Filing portal.
The Department says non-salary TDS rules formerly spread across sections 192–194T have been consolidated mainly into sections 392 and 393 of the 2025 Act. Section 393 organizes payment categories by recipient, transaction, threshold, payer and rate. However, the exact new-law ETH/VDA TDS rate, threshold and payer exceptions are not established by the cited Form 141 material. Do not infer an exact percentage or threshold from the general statement that rates and thresholds are largely the same as before. Check the operative section and current Rules for the transaction date.
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For transactions in the legacy period, do not apply the new Form 141 instructions retroactively. The applicable older TDS rule and filing process must be established for that payment or credit period.
Which form applies: Form 141 or Form 142?
| Route | Who it is for | What it covers |
|---|---|---|
| Form 141, Schedule D | Covered resident-deductee VDA transactions under the Department’s manual. | Reporting TDS on transfer of a VDA under section 393(1), Table 8(vi), through the e-Filing portal; the manual describes this as replacing Form 26QE for that route. See Form 141. |
| Form 142 | An exchange that facilitates VDA buying and selling and has agreed under CBDT Circular 13/2022 to deposit tax for buyers or brokers instead of deduction by the buyer. | A special quarterly statement, not the default filing route for every ETH holder. The manual says it is due within one month after each quarter. See the Form 142 User Manual. |
Form 142 depends on the exchange having the specified agreement; it does not mean every exchange files on a customer’s behalf. If Form 141 applies to your circumstances, its manual calls for transaction consideration and dates, so reconcile those fields to your records.
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How to prepare your ETH records and reporting
- Classify the period. Determine whether the relevant return concerns a legacy assessment year under the 1961 Act or Tax Year 2026–27 onward under the 2025 Act.
- Apply the TDS date test. For each transfer, compare the credit and payment dates and identify which happened first. Preserve both dates, including evidence of any advance payment.
- Reconcile transfer records. Match each ETH disposal or other potentially relevant event to its date, consideration and any withholding evidence. Keep exchange statements and wallet records together; do not treat a wallet transfer alone as proof of a taxable sale.
- Use the applicable official workflow. For covered post-1 April 2026 resident-deductee transactions, consult Form 141 Schedule D. Form 142 is relevant only where the exchange meets the stated agreement conditions. For earlier periods, follow the legacy process applicable to that transaction.
- Verify uncertain ETH events separately. Obtain advice or authoritative guidance for events such as staking, DeFi activity, gifts, airdrops or cross-border residence, rather than assuming the transfer rules resolve them.
This is general information, not individualized tax advice. For a return or withholding decision, confirm the operative law, Rules and official form instructions for the specific transaction date and facts.
Quick Recap
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- LARGE FORMAT LEDGER WITH PLENTY OF WRITING SPACE: This accounting book ledger comes in a large format, measures 7 by 10 inches, and has 129 pages with 4,712 entries total.
- TRACK ACTIVITY IN MULTIPLE ACCOUNTS WITH JUST ONE BOOK: This accounting log book will be perfect if you want to track activity in multiple accounts. To do so, use the dedicated column to add the bank account number every time you make a record.
- PREMIUM DESIGN FOR COMFORTABLE DAILY USE: This accounting journal book has a durable eco-leather hardcover, thick 120gsm paper, sturdy elastic closure, pen loop, ribbon bookmark, and back pocket for extra notes, checks, and receipts.
- 60-DAY MONEY-BACK GUARANTEE: We will exchange or refund your small business log book if you aren’t satisfied with your business bookkeeping ledger for any reason. Reach out to us via message to refund your monthly accounting ledger book.
Product prices and availability are accurate as of the date/time indicated and are subject to change. Any price and availability information displayed on Amazon at the time of purchase will apply.
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