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Healthcare, Pharma & MedTech

Tax, customs and zones for healthcare and pharma

GST on most medicines and many devices fell to 5% from 22 September 2025, and individual health insurance became exempt. Bulk drug and device parks carry central grants. A foreign-owned company can pay 25.168% corporate tax; a branch pays 36.40% to 38.22%.

5%GST on most medicines and many devices from 22 Sep 2025
NilGST on 33 life-saving drugs (from 12%) and three cancer and rare-disease drugs (from 5%)
25.168%Effective corporate tax, concessional regime (s.200), tax year 2026-27
36.40–38.22%Effective tax on a foreign company's branch or PE
Facts as of 1 October 20267 sources citedHow we keep this current

GST on medicines, devices and insurance

The 56th GST Council, on 3 September 2025, approved a two-rate structure of 5% (merit) and 18% (standard), plus 40% for a select few goods and services, effective 22 September 2025. Tobacco products were initially kept on earlier rates and compensation cess. For the health sector the effect was a broad cut to 5% or nil.

ItemGST before 22 Sep 2025GST from 22 Sep 2025
Most drugs and medicines12%5%
Thirty-three life-saving drugs12%Nil
Three drugs used for cancer, rare and severe chronic diseases5%Nil
Various medical, surgical and dental apparatus and devices18%5%
Diagnostic kits and reagents, glucometers, gauze and bandages12%5%
Individual health insurance policies, including family floater and senior-citizen policiesTaxedExempt

Foreign investment in insurers is 100% under the automatic route (Press Note 1 of 2026); see FDI rules. The general GST structure is on GST and customs.

Customs relief on life-saving drugs

Budget 2025-26 proposed adding 36 life-saving drugs to the list fully exempt from basic customs duty and six to the 5% list, with the same relief for bulk drugs used to make them, and 37 medicines to the patient-assistance exemption (PIB, 1 Feb 2025).

Check: The brochure records these as Budget 2025-26 proposals. Confirm the current customs tariff entry for each product before relying on the exemption.

Zones: drug and device parks

Bulk drug parks at Jambusar, Gujarat (2,015.02 acres) and Nakkapalli, Andhra Pradesh (2,001.80 acres) get central grants of up to ₹1,000 crore each for shared infrastructure; a third park is in Himachal Pradesh. Device parks in Uttar Pradesh, Madhya Pradesh and Tamil Nadu get up to ₹100 crore each. Status, grant terms and occupancy are on central incentives.

Budget 2026-27 for the sector

Announced on 1 February 2026: Biopharma SHAKTI (₹10,000 crore over five years), a scheme for five regional medical hubs, three new All India Institutes of Ayurveda and a scientific review cadre at CDSCO. Budget 2026-27 left corporate tax rates unchanged; only the MAT rate was cut.

Corporate tax at a glance

Rates are for tax year 2026-27, the first year under the Income-tax Act 2025, which replaced the 1961 Act from 1 April 2026. Effective rates add surcharge and the 4% health and education cess. Treaty rates can be lower where treaty conditions are met. Effective rate = base rate × (1 + surcharge) × 1.04.

TaxRate or ruleNote
Corporate tax: concessional regime (s.200)22% + 10% surcharge + 4% cess = 25.168% effective, whatever the level of incomeOptional for any Indian company, including a foreign-owned subsidiary. Most deductions and exemptions are given up; MAT does not apply.
Corporate tax: normal regime30%, or 25% if turnover in FY2024-25 was up to ₹400 crore. Surcharge 7% on income above ₹1 crore, 12% above ₹10 crore; 4% cessTop effective rate 34.944% (30% band). Deductions and incentives remain available, but MAT applies.
Foreign company: branch or permanent establishment35% on income other than special-rate income. Surcharge 2% on income above ₹1 crore, 5% above ₹10 crore; 4% cessEffective 36.40% (income up to ₹1 crore), 37.128% (₹1–10 crore), 38.22% (above ₹10 crore).
Minimum alternate tax (MAT, s.206)14% of book profit (was 15%) from tax year 2026-27; a final tax for companies in the old regime, with no new MAT creditCredit built up to 31 March 2026 is usable only after moving to the new regime, up to 25% of the year’s tax (domestic companies).
15% regime for new manufacturing companies (s.201)Closed to new entrants: only companies that began manufacturing or production by 31 March 2024 qualifyBudget 2026-27 left corporate tax rates unchanged (only the MAT rate was cut) and added no replacement regime; new manufacturers compare s.200 with the normal regime.
Dividends paid to a non-resident parent20% withholding under domestic law, plus surcharge and cessTaxed in the shareholder’s hands. Treaties can reduce withholding on dividends, interest, royalties and technical fees, subject to treaty conditions.

The full treatment is on corporate tax.

Withholding, capital gains, buy-backs and transfer pricing

Domestic-law rates for tax year 2026-27, before surcharge and cess unless stated. The applicable treaty may reduce withholding where its conditions are met.

TaxRate or ruleNote
Royalties and fees for technical services20% on payments to a foreign company, plus surcharge and cessA lower treaty rate may apply, subject to treaty conditions.
Capital gains of non-residents: listed sharesShort-term (s.196): 20%. Long-term (s.198): 12.5% on gains above ₹1.25 lakhPlus surcharge and cess. Treaty exemptions are open to challenge under GAAR (Tiger Global, January 2026).
Capital gains of non-residents: unlisted sharesLong-term: 12.5%. Short-term: at the rate for other income, 35% for a foreign companyPlus surcharge and cess; treaty relief subject to treaty conditions.
Share buy-backsTaxed as capital gains in the shareholder’s hands from 1 April 2026, no longer as dividendPromoters pay an additional tax on buy-backs under s.68 of the Companies Act 2013. It takes long-term gains, and short-term gains on listed shares, to 22% where the promoter is an Indian company and 30% for any other promoter, including a foreign parent (before surcharge and cess).
GST (from 22 September 2025)Two main rates, 5% (merit) and 18% (standard), plus 40% for a select few goods and servicesApproved by the 56th GST Council on 3 September 2025. Tobacco products were initially kept on earlier rates and compensation cess.
Transfer-pricing safe harbour: IT services15.5% operating margin on cost for software, ITeS, KPO and contract R&D, for taxpayers within the ₹2,000 crore eligibility threshold (raised from ₹300 crore)Budget 2026-27; notified with the 2026 rules. Approval is automated and the option can run for five years.

The contract R&D safe harbour is relevant to pharma capability centres and CDMO research units; see transfer pricing and withholding and capital gains.

What to check next

  • Reclassify every SKU under the post-September 2025 GST schedule and check which life-saving drugs are at nil.
  • Confirm the customs tariff position for imported life-saving drugs and the bulk drugs used to make them.
  • Compare the s.200 concessional regime with the normal regime; the 15% new-manufacturing regime is closed.
  • For a capability or research centre, test eligibility for the 15.5% contract R&D safe harbour.
  • Model a branch (36.40% to 38.22%) against a subsidiary (25.168%) before choosing the entry vehicle.

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