Accountant & Tax Consultant

CBDT Crypto-Asset Reporting Guide 2026: Form 167 and New Checks Explained

The new CBDT guidance explains how crypto-asset service providers must identify reportable users, verify tax residence, report transactions in Form 167 and maintain records.

On 24 July 2026, the Income Tax Department released the first comprehensive Indian guidance note on crypto-asset reporting obligations for crypto-asset service providers. It explains how the reporting system under Section 509 of the Income-tax Act, 2025 and Rules 242 to 244 of the Income-tax Rules, 2026 should work. This guide explains the important points for exchanges, service providers, tax professionals and crypto users.

Update details

Update
Guidance Note on Crypto-Asset Reporting Obligations
Release date
24 July 2026
Issued by
Income Tax Department and CBDT
Legal provisions
Section 509 of the Income-tax Act, 2025 and Rules 242 to 244 of the Income-tax Rules, 2026
Reporting form
Form 167
Reporting period
Each calendar year starting from 1 January 2026
Filing deadline
31 May of the following calendar year
Main audience
Reporting crypto-asset service providers, tax professionals and crypto users

The update in one minute

The new guidance is mainly for Reporting Crypto-Asset Service Providers, also called RCASPs. These may include crypto exchanges, brokers, dealers, wallet or platform operators and other persons that fall within the legal definition and have the required connection with India.

A covered provider must identify reportable users, collect tax-residence information, verify that information against available KYC records and report specified crypto transactions in Form 167.

The reporting year follows the calendar year. For calendar year 2026, the Form 167 deadline will be 31 May 2027. If no reportable user or reportable controlling person is found, the rules still require a nil statement.

This is an information-reporting framework. It does not mean that every crypto investor must personally file Form 167, and it does not by itself change the existing method of calculating tax on virtual digital assets.

Why this guidance is important

Crypto transactions can move between exchanges, wallets, countries and different types of digital assets. Normal bank-account reporting does not always capture this movement clearly. The Crypto-Asset Reporting Framework creates a standard record that tax authorities can use for international tax transparency.

The guidance makes the new system easier to understand by explaining who may be a reporting provider, which users are reportable, what due diligence is required and how transaction data should be prepared.

For businesses, the guidance is important because reporting is not only an accounts-team job. It also requires customer onboarding, KYC, tax-residence checks, transaction classification, technology controls and long-term record storage.

Who may be a Reporting Crypto-Asset Service Provider

A person does not become an RCASP merely because that person owns or transfers crypto. The legal test focuses on a person or entity that provides a covered crypto-asset service as a business and falls within the definition in the Income-tax Rules, 2026.

Depending on the facts, the framework may cover an exchange that converts crypto into rupees or another currency, a platform that exchanges one crypto asset for another, a broker or dealer acting for customers, or an operator that facilitates relevant transfers.

Every business should check its actual role, contracts, transaction flow and control over customer transactions. Marketing itself as a technology platform does not automatically remove a reporting duty if the real activity falls within the rule.

When an Indian reporting connection may arise

Rule 242 covers several connections with India. These include residence for tax purposes in India, incorporation or organisation under Indian law, legal personality or an income-tax return obligation in India, management from India, or a regular place of business in India.

Relevant transactions through an Indian branch can also be covered. A foreign provider should not assume that it is outside the framework merely because its head office is abroad.

The rules contain relief in certain partner-jurisdiction situations where substantially similar reporting and due diligence are completed there. This relief is technical and depends on the precise conditions. A cross-border platform should document its reporting position instead of relying on a general assumption.

Which users must be identified

The provider must identify crypto-asset users who are reportable users. For an entity user, the provider may also need to identify controlling persons who are reportable persons.

Tax residence is central to the exercise. A user may have to declare every country or territory in which the user is resident for tax purposes and provide the relevant Tax Identification Number, subject to limited exceptions where a jurisdiction does not issue or require collection of a TIN.

For entities, the review can extend beyond the entity name. The provider may need to determine whether the entity is active, excluded or has controlling persons whose tax residence makes them reportable.

Self-certification and KYC checks

A provider must obtain a valid self-certification from the user or controlling person. For an individual, it generally records the name, residence address, tax-residence country, TIN and date of birth. An entity certification includes its legal name, address, tax residence, TIN and other required status or controlling-person details.

Collecting a form is not enough. The provider must check whether the self-certification appears reasonable when compared with KYC, anti-money-laundering records and other information available to it.

If a later change makes the old declaration unreliable, the provider should not continue using it blindly. It must obtain a fresh valid certification or a reasonable explanation with supporting documents, as permitted by the rules.

What transaction information is reported

Form 167 requires information for each relevant type of crypto asset. The provider must aggregate the value, number of units and number of transactions under the applicable reporting categories.

The categories cover acquisitions and disposals against normal currency, acquisitions and disposals against other relevant crypto assets, inbound and outbound transfers, reportable retail payment transactions and certain transfers to wallet addresses not known to be linked with another service provider or financial institution.

The provider also reports identifying information about the reportable user and, where applicable, reportable controlling persons. This can include name, address, tax-residence countries, TIN, date and place of birth and the role of a controlling person.

How values should be prepared

Amounts are reported in Indian rupees. Where the transaction uses another currency, conversion is required under the prescribed rule. Amounts paid or received are generally reported net of transaction fees.

For a crypto-to-crypto transaction, the fair market value is determined at the time of the transaction and reported in Indian rupees. Transactions are aggregated separately for each crypto asset and each reporting category.

Good price-source records are therefore important. A provider should document the exchange rate, valuation source, time stamp and method used so that the reported Indian rupee value can be reproduced later.

Form 167 deadline and nil statement

The first reporting period starts on 1 January 2026 and ends on 31 December 2026. Form 167 for that calendar year is due by 31 May 2027.

The same pattern continues for later years: the calendar-year statement is filed by 31 May of the next calendar year.

A nil statement is required where the due-diligence exercise does not identify any reportable crypto-asset user or reportable controlling person. A provider should therefore complete and document the review even when it expects no reportable transactions.

Record retention and outsourcing

The rules require supporting documents and data to be kept for at least the prescribed seven-tax-year period. This includes self-certifications, KYC comparison records, transaction data, valuation support, reporting files and corrections.

A provider may use a third party to help with due diligence, technology or filing. However, responsibility remains with the reporting provider. Outsourcing a task does not outsource the legal obligation.

Contracts with service vendors should clearly cover data quality, security, record access, correction support and retention. The provider should be able to retrieve the evidence even after a vendor or software system changes.

What this means for ordinary crypto investors

Most investors will not file Form 167 themselves. The reporting duty normally rests with a covered crypto-asset service provider. However, users may receive requests for a fresh tax-residence declaration, TIN, address proof or clarification about controlling persons.

An investor should make sure that the name, PAN, address and tax residence given to the exchange agree with income-tax and KYC records. A person who has moved abroad or returned to India should update the profile promptly and review dual-residence issues carefully.

Reporting by an exchange does not replace the investor obligation to disclose taxable crypto income correctly in the income-tax return. The reported gross transaction value may also differ from the taxable gain because cost, transaction history and the applicable tax provisions still need separate examination.

Simple examples

Example 1: An Indian crypto exchange allows users to buy Bitcoin with rupees and sell it later. If the exchange is a covered RCASP and the user is reportable, the exchange must aggregate and report the prescribed acquisition and disposal information for that calendar year.

Example 2: A user exchanges Ether for another crypto asset without converting it into rupees. The transaction can still fall within the reporting categories. The fair market value must be determined in Indian rupees at the transaction time.

Example 3: A company account is operated through an entity that has reportable controlling persons. The provider may need information about both the entity and those controlling persons.

Example 4: After completing due diligence, a provider identifies no reportable users. It should not simply ignore Form 167. Rule 243 requires a nil statement.

What the guidance does not change

  • It does not make every crypto owner an RCASP.
  • It does not require every investor to file Form 167 personally.
  • It does not declare crypto assets to be legal tender in India.
  • It does not replace normal income-tax return disclosure of virtual digital asset income.
  • It does not mean that every gross amount reported by an exchange is taxable profit.
  • It does not override the Income-tax Act, 2025 or the Income-tax Rules, 2026. The law prevails if there is any inconsistency.

Readiness checklist for crypto service providers

  • Confirm whether the business meets the RCASP definition and India-nexus rules.
  • Map every covered product, branch, customer flow and relevant crypto asset.
  • Update onboarding to collect valid tax-residence self-certifications.
  • Compare certifications with PAN, KYC and anti-money-laundering records.
  • Create a process for changes in address, residence, ownership or controlling persons.
  • Classify fiat purchases, fiat sales, crypto-to-crypto transactions, transfers and retail payments correctly.
  • Record values in Indian rupees using a consistent and documented method.
  • Prepare Form 167 data and a nil-statement process.
  • Retain supporting records for the required period.
  • Review vendor contracts and test whether old data can be retrieved.
  • Assign responsibility across compliance, tax, technology, legal and customer-support teams.

Checklist for investors and business users

  • Keep PAN, address and tax-residence details updated with every platform.
  • Provide a correct TIN for each relevant foreign tax residence.
  • Download annual transaction statements and wallet records.
  • Preserve the date, quantity, value and cost of every acquisition and transfer.
  • Reconcile exchange statements with personal wallets and bank entries.
  • Report virtual digital asset income correctly in the income-tax return.
  • Take advice where residency, offshore platforms, entity accounts or controlling persons are involved.

Common mistakes to avoid

  • Treating CARF reporting as the same thing as income-tax calculation
  • Assuming an offshore platform can never have an Indian reporting duty
  • Collecting self-certification without testing it against available KYC data
  • Ignoring crypto-to-crypto exchanges because no rupees were received
  • Failing to prepare a nil statement
  • Losing valuation evidence or wallet-transfer records
  • Believing that a technology vendor becomes responsible for all legal compliance

Key takeaway

The new CBDT guidance brings crypto reporting into a structured international tax-transparency system. The main responsibility falls on covered crypto-asset service providers, but users will see stronger tax-residence and KYC checks.

For providers, the best time to prepare Form 167 data is during the reporting year, not close to the 31 May deadline. For investors, clean identity records and a complete transaction trail are the safest way to prevent differences between platform reporting and the income-tax return.

Conclusion

The Guidance Note released on 24 July 2026 is an important compliance update for the Indian digital-asset sector. It explains how Section 509 and Rules 242 to 244 should be applied in practical reporting work.

Crypto exchanges and other potentially covered providers should complete a formal scope review, strengthen self-certification checks and build reliable Form 167 data now. Investors should keep their tax residence and transaction records accurate, while remembering that exchange reporting and personal income-tax calculation are separate duties.

Sources and further reading

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