New Delhi · IndiaWONE Global Capability Partner · India
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New Delhi · IndiaWONE Global Capability Partner · India
Mumbai · Saturday 24 October
06:08
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What the rules say in India
From the India market guide: the points that matter most for tax and structuring, each with the source it was checked against.
Full guide · Source-checked research98% of statements checked against a source107 checked against an official source34 checked against a secondary sourceChecked 2026-10-19Not yet professionally reviewed
The Income-tax Act, 2025 came into force on 1 April 2026, replacing the Income-tax Act, 1961.
Central tax. The Act received presidential assent on 21 August 2025.Income Tax Department, Central Board of Direct Taxes · checked 2026-10-18The Central Board of Direct Taxes notified the Income-tax Rules, 2026 and new forms on 20 March 2026 to operationalise the Income-tax Act, 2025.
Central tax.Income Tax Department, Central Board of Direct Taxes · checked 2026-10-18The Income-tax Act, 2025 replaces the previous year and assessment year with a single tax year and applies from tax year 2026/27, while the 1961 Act continues to govern assessments for earlier years and carried-forward losses, unabsorbed depreciation and tax credits are preserved.
Central tax.PwC Worldwide Tax Summaries · checked 2026-10-18A domestic company may opt for a corporate income tax rate of 22% plus a 10% surcharge and 4% health and education cess, subject to conditions.
Optional regime for domestic companies. Otherwise basic rates of 25% (turnover up to INR 4 billion in the reference year) or 30% apply. Central tax.PwC Worldwide Tax Summaries · checked 2026-10-18A foreign company with a permanent establishment in India is taxed at a basic rate of 35%, plus surcharge of 0%, 2% or 5% depending on income and 4% health and education cess.
Foreign companies taxed on Indian business income. Central tax.PwC Worldwide Tax Summaries · checked 2026-10-18From 1 April 2026 the minimum alternate tax rate is 14%, and for companies that remain in the older regime it operates as a final tax with no new credit accruing.
Concessional 9% rate continues for eligible IFSC units. Central tax.PwC Worldwide Tax Summaries · checked 2026-10-18Under domestic law, withholding on payments to non-residents is 20% on dividends and 20% on royalties and fees for technical services, and between 5% and 20% on interest depending on the instrument, before surcharge and cess.
Treaty rates may be lower; surcharge and cess are not added on top of a treaty rate. Central tax.PwC Worldwide Tax Summaries · checked 2026-10-18To claim a treaty withholding rate, a non-resident must provide a valid tax residency certificate and the prescribed form, which is mandatory even if the certificate already contains the required information.
Central tax. The Supreme Court has treated the certificate as an eligibility condition rather than conclusive proof of treaty entitlement.PwC Worldwide Tax Summaries · checked 2026-10-18Read the full guide: Tax, accounting and statutory reporting · Sector rules, incentives and property · Customs, trade and supply chain
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