TDS section 194S

Hi Experts,

TDS U/s 194 S - Transfer of Virtual assets, Can we claim by filing ITR to get the refund

Ex : Mr A buys and sels a Crypto and TDS U/s 194s is 40,000 ( Turnover is 40,00,000 )and the realised profit on this transaction is 1,45,000 only. Theres is no other income. 

Can we get this TDS as Refund as Total Income does not exceed the threshold limit. 

Please advise

Thanks

Ram

 

Replies (2)
Quick Summary
This discussion clarifies the implications of TDS under Section 194S for virtual digital asset (VDA) transfers, such as crypto. While TDS at 1% is deducted on the transaction value, it's important to note that income from VDAs is taxed at a flat 30%, and losses cannot be set off against other income. The TDS deducted can be claimed as a credit in your Income Tax Return (ITR), but due to the flat tax rate and specific rules for VDA income, a full refund might not always be possible if your total income comprises solely of VDA gains.

Actually due to 30% flat tax rate you will be required to pay more after adjusting TDS.

  • Income from the transfer of virtual digital assets such as crypto and NFTs will be taxed at 30%.
  • No deduction, except the cost of acquisition, will be allowed while reporting income from the transfer of digital assets.
  • Loss from digital assets cannot be set-off against any other income.
  • Income from VDA is taxed at special rates under Chapter XII of the Act. If a person’s total income comprises solely of income from VDA, then the benefit of unexhausted basic exemption limit is also not extended.

Section 194S TDS applies at 1% on the consideration paid on transfer of Virtual Digital Assets (VDA).

Key rules:
- Who deducts: The person making the payment to the seller must deduct TDS. If you sell crypto on an exchange, the exchange handles deduction. If you sell directly to a buyer (P2P), the buyer deducts.
- Threshold: For specified persons (individuals with business income over Rs. 1 crore or professional income over Rs. 50 lakh in prior year), the threshold is NIL ,  TDS applies on every transaction. For others, the threshold is Rs. 10,000 per financial year.
- Rate: 1% of the transfer consideration. If PAN is not furnished, the rate is 20%.
- Claim in ITR: The 1% deducted shows in your Form 26AS under Section 194S. Report this TDS in Schedule TDS in your ITR-2 to claim the credit.
- No adjustment for losses: Even if your VDA trade resulted in a loss, the 1% TDS is still deducted on the gross transfer consideration.

This [crypto and VDA tax guide for AY 2026-27](https://taxgarden.in/blog/crypto-vda-tax-india-ay-2026-27-schedule-vda-itr-guide) has the full Section 194S rules and how to reconcile your TDS credits.

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