An independent guide for foreign investors, published by IMC, A Member Firm of Andersen Global connect@intuitconsultancy.comAbout IMCContact

Tax

Budget 2026-27 and the 2026 Act

The Finance Act 2026 (assent 30 March 2026) enacted a data-centre exemption to 2047, a single 15.5% IT safe harbour, a final 14% MAT and a longer IFSC deduction. The amending Act of 17 August 2026 added FII, electronics and offshore-fund measures.

31 Mar 2047Data-centre exemption for notified foreign companies runs to this tax year end
15.5%Single IT-services transfer-pricing safe harbour on cost
14%MAT, now a final tax for old-regime companies (was 15%)
20 of 25Years of 100% IFSC deduction (was 10 of 15)
Facts as of 1 October 20265 sources citedHow we keep this current

The three instruments

InstrumentDateWhat it did
Budget 2026-27Presented 1 Feb 2026Proposed the measures below, with effect from tax year 2026-27 unless stated
Finance Act 2026 (No. 4 of 2026)Assent 30 Mar 2026Enacted the Budget, with changes made in Parliament: it confined the extra promoter tax to Companies Act buy-backs and raised the start-up turnover limit
Taxation and Other Laws (Amendment) Act 2026 (No. 21 of 2026)Assent 17 Aug 2026Replaced a June 2026 ordinance; deemed in force from 1 Apr 2026

Tax year 2026-27 is also the first year under the Income-tax Act 2025; section numbers below are from that Act. See the Income-tax Act 2025.

Tax holiday: data centres to 2047

Income of a notified foreign company from procuring data-centre services from a specified data centre in India is exempt to the tax year ending 31 March 2047. The conditions stated are:

  • Indian users are served only through an Indian reseller;
  • the foreign company may not own or operate the data centre;
  • the operator must be an Indian company;
  • prescribed conditions and filings apply.

The amending Act of August 2026 widened the data-centre and electronics exemptions beyond the Finance Act text.

Transfer pricing: one IT safe harbour at 15.5%

Software, ITeS, KPO and contract R&D become one category with a 15.5% margin on cost. The eligibility threshold rises from ₹300 crore to ₹2,000 crore; approval is automated and can last five years. Unilateral APAs for IT services are to be fast-tracked, aiming to conclude within two years. A 15% cost-plus safe harbour for related-party data-centre services was announced; confirm it has been notified. See transfer pricing.

Old regime: MAT becomes a final 14% tax

For companies staying in the old regime, MAT (s.206) falls from 15% to 14% of book profit and becomes final: no new credit arises from 1 April 2026. Credit built up earlier is usable only after moving to the new regime, capped at a quarter of the year’s tax. Corporate tax rates were otherwise left unchanged, and no replacement was offered for the closed 15% new-manufacturing regime (s.201). See corporate tax.

GIFT City IFSC: 100% deduction for 20 years out of 25

The 100% deduction for IFSC units (s.147) now runs for 20 consecutive years out of 25, up from 10 out of 15. Offshore banking units get 20 consecutive years. Budget 2026-27 also proposed a 15% rate on IFSC business income after the deduction period; the Finance Act 2026 did not enact it.

Electronics: bonded supply chains, to March 2041

  • Foreign suppliers of tooling or capital goods to a contract manufacturer in a bonded area: exempt to tax year 2040-41.
  • Bonded-warehouse components sold to such makers: exempt from 1 October 2026 to 31 March 2041, with prescribed reporting.

These sit alongside bonded manufacturing under s.65 of the Customs Act; see GST and customs.

Customs

  • Authorised Economic Operators get duty deferral of 30 days.
  • Advance rulings are valid for five years.

Capital markets: buy-backs, STT and government bonds

MeasurePosition from tax year 2026-27
Buy-backsTaxed as capital gains in the shareholder’s hands from 1 April 2026, no longer as dividend
Promoter tax on Companies Act buy-backs22% for Indian-company promoters and 30% for others, including a foreign parent, before surcharge and cess
Securities transaction tax0.05% on futures and 0.15% on options
FIIs’ income on government securitiesExempt, subject to prescribed filings (amending Act, August 2026)

See withholding and capital gains.

Other measures in the two Acts

  • Start-ups: the turnover cap for the s.140 tax holiday is ₹300 crore from 1 April 2026, for companies or LLPs incorporated before 1 April 2030.
  • Offshore funds managed from India: the amending Act dropped the 25-member, 10% single-investor and ₹100 crore corpus tests; Indian residents may hold up to 5% of the fund. See international tax.
  • Transfer-pricing report: the penalty for not furnishing the s.172 accountant’s report was replaced with a fee; the report remains mandatory.
  • Decriminalisation: the Budget proposed decriminalising further income-tax defaults, such as non-production of books of account, with a fine only for minor offences; confirm enactment.
  • Schemes announced: Biopharma SHAKTI, a Container Manufacturing Scheme, rare-earth corridors, three chemical parks and a one-time SEZ domestic-sale facility. See central schemes.

What to check next

  • For a cloud or data-centre business, confirm notification as a “notified foreign company” and the reseller and operator conditions before relying on the 2047 exemption.
  • Test whether each Indian service entity is within the ₹2,000 crore threshold for the 15.5% safe harbour.
  • If the Indian company holds MAT credit from before 1 April 2026, model when a move to the new regime lets it be used.
  • Confirm which amending-Act measures apply retrospectively from 1 April 2026 to transactions already completed.
  • Track the notifications that several Budget proposals still depend on; see recent changes.

Planning your move into India?

Talk to IMC about your entry structure, approvals, incentives, tax and the first year of compliance.

Book a discovery conversation