Navegando por el laberinto: Cumplimiento de las normas fiscales en el sector cripto y la inversión institucional en el contexto regulatorio en constante cambio de la India

India's cryptocurrency market in 2025 operates under a dual lens of innovation and regulation. While the country has emerged as a global leader in crypto adoption-particularly in Tier-2 and Tier-3 cities-the regulatory framework has introduced significant compliance challenges for institutional investors. The 30% flat tax on virtual digital asset (VDA) gains, coupled with a 1% Tax Deducted at Source (TDS) for transactions exceeding ₹50,000, has reshaped investment behavior and risk profiles. This article examines how these policies, alongside enforcement actions and evolving compliance demands, are influencing institutional capital flows and reshaping India's crypto ecosystem.

The Tax Framework: A Double-Edged Sword

India's 2025 tax regime for cryptocurrencies imposes a 30% levy on all gains from trading, staking, or airdrops, with no allowance for loss offsets under Section 115BBH. Additionally, Section 194S mandates a 1% TDS for transactions above ₹50,000 annually, creating a cascading compliance burden for institutional players. According to a report by Koinly, these measures have reduced high-frequency trading and pushed investors toward longer-term strategies. While the government aims to generate revenue and curb speculative activity, the high tax rate has also created uncertainty, particularly for institutions managing diversified portfolios.

The inability to offset crypto losses against other income streams further complicates risk management. For example, a hedge fund with simultaneous gains in equities and losses in crypto cannot balance its books, leading to suboptimal capital allocation. This rigidity, as noted by Chainalysis, has prompted calls for tax rate rationalization to sustain investor participation.

Compliance Challenges: From Reporting to Enforcement

Regulatory scrutiny has intensified under the Prevention of Money Laundering Act (PMLA), which now classifies virtual asset service providers (VASPs) as "reporting entities." This shift, outlined in the Ministry of Finance's March 2023 notification, requires exchanges to submit Suspicious Transaction Reports (STRs), identify wallet owners, and conduct internal audits. The Financial Intelligence Unit (FIU-IND) has enforced these rules rigorously, issuing show-cause notices to 25 offshore exchanges, including Binance and Bybit, for non-compliance.

Case studies highlight the financial and operational risks for institutions. Bybit, for instance, faced a ₹9.27 crore penalty in January 2025 for failing to meet AML obligations. Similarly, Binance and KuCoin were compelled to register with the FIU after facing operational restrictions. These enforcement actions underscore that regulatory compliance is no longer optional-even for offshore platforms with Indian user bases.

Institutional Adaptation: Navigating the New Normal

Despite these challenges, institutional adoption of crypto in India has persisted, driven by global regulatory clarity and technological advancements. The Reserve Bank of India's (RBI) pilot of tokenized certificates of deposit and the sector's alignment with the OECD's Crypto-Asset Reporting Framework (CARF) have fostered a more structured environment. Exchanges like CoinDCX have also prioritized vernacular content and simplified compliance tools to expand into regional markets.

However, the compliance burden remains a deterrent. A 2025 report by Silent Eight notes that institutions are increasingly favoring MiCA-compliant stablecoins and tokenized assets, which offer clearer regulatory pathways. This trend reflects a broader shift toward risk mitigation, with investors prioritizing assets and platforms that align with global standards.

Capital Flows: Inflows, Outflows, and the Road Ahead

Quantitative data reveals a mixed picture for institutional capital. While India's crypto market recorded ₹51,000 crore ($6.12 billion) in transactions in 2024–25-a 41% increase from the prior year- broader capital flows in the Indian financial market saw Domestic Institutional Investors (DIIs) pouring $90.1 billion into equities, while Foreign Institutional Investors (FIIs) withdrew $18.8 billion. The divergence highlights how global macroeconomic factors, such as US trade uncertainty and rupee depreciation, influence FII sentiment, whereas DIIs remain more insulated.

For crypto, the 30% tax rate and TDS have suppressed trading volumes but not entirely deterred institutional participation. Analysts project that 2026 will see deeper institutional involvement, particularly as tokenized financial instruments gain traction and global ETF approvals (e.g., spot Bitcoin ETFs) provide regulated entry points.