Clauses 38 and 51 of the Finance Bill, 2026 introduce structural and long-term changes to the taxation framework governing Units in International Financial Services Centres (IFSCs) and Offshore Banking Units (OBUs) under the Income-tax Act, 2025. The amendments primarily:
- extend the period of 100% deduction,
- strengthen eligibility safeguards, and
- rationalise the treatment of income after the deduction period through Chapter-level provisions.
The changes are intended to enhance predictability and competitiveness of India’s IFSC regime, rather than merely offer short-term tax incentives.
All amendments apply from 1 April 2026 (tax year 2026-27 onwards).
Existing Position under Section 147 (Before Amendment)
Section 147 of the Income-tax Act, 2025 grants a 100% deduction of specified income to:
- Units located in an IFSC, and
- Offshore Banking Units (OBUs).
The deduction is currently available for:
- 10 consecutive years out of 15 years (IFSC units), and
- 10 consecutive years (OBUs).
After expiry of the deduction period, income is taxed under the general provisions applicable to the assessee.
Key Amendments Introduced by Clause 38
1. Extension of Tax Holiday Period
Clause 38 amends section 147(2) to substantially extend the deduction period.
Revised Deduction Period
| Category | Existing Period | Revised Period |
| IFSC Unit | 10 consecutive years out of 15 | 20 consecutive years out of 25 |
| Offshore Banking Unit (OBU) | 10 consecutive years | 20 consecutive years |
Implications
- Provides long-term tax certainty aligned with lifecycle of financial businesses
- Enhances IFSC competitiveness vis-à-vis global financial hubs
- Encourages deeper and sustained presence rather than short-term structuring
2. Tightened Eligibility Condition
Clause 38 substitutes section 147(5) to provide that the deduction shall be available only if the unit is not formed by:
- splitting up,
- reconstruction,
- reorganisation, or
- transfer of an existing business.
Implications
- Prevents recycling of existing businesses to claim extended tax holiday
- Ensures benefit is restricted to genuinely new units
- Aligns with established anti-abuse principles for tax incentives
3. Statutory Definitions Inserted
Clause 38 also inserts sub-section (6) in section 147 to define:
- “relevant tax year”,
- “Unit”, and
- “aircraft and ship”.
Implications
- Removes ambiguity in computing deduction timelines
- Ensures uniform interpretation across provisions
- Reduces scope for litigation
Amendments under Clause 51: Treatment After the Tax Holiday
Clause 51 substitutes sections 217 and 218 of the Income-tax Act, 2025. These sections fall under the Chapter governing special taxation regimes, and their substitution is intended to give effect to the revised IFSC framework during the non-holiday period.
Key Clarification
- After expiry of the deduction period under section 147,
- business income of IFSC units and OBUs will be taxable at a concessional rate of 15%, subject to the conditions of the Chapter.
Importantly, this rate flows from the special Chapter framework and not from section 147 itself.
Implications
- Avoids a sudden jump from 0% to normal corporate tax rates
- Supports long-term viability of IFSC units even after tax holiday
- Provides continuity and predictability in tax treatment
Summary of Changes
IFSC and OBU Tax Regime: Before vs After
| Aspect | Earlier Position | Position from 1 April 2026 |
| IFSC deduction period | 10 out of 15 years | 20 out of 25 years |
| OBU deduction period | 10 years | 20 years |
| Anti-abuse condition | Not explicit | No split / reconstruction |
| Definitions | Not provided | Inserted in statute |
| Post-holiday taxation | Normal provisions | Concessional regime under Chapter (15%) |
Policy Intent
- IFSCs require long-horizon tax certainty to compete globally
- Short deduction windows were insufficient for capital-intensive financial activity
- A clear post-holiday tax pathway is as important as the holiday itself
The amendments therefore reflect a lifecycle-based approach rather than a purely incentive-driven one.
What the Amendments Do and Do Not Do
What They Do
- Extend the tax holiday substantially
- Clarify eligibility and definitions
- Provide a predictable post-holiday tax framework
What They Do Not Do
- ❌ Do not grant permanent exemption
- ❌ Do not apply to non-IFSC domestic units
- ❌ Do not override regulatory requirements under IFSC laws
Effective Date
✔ 1 April 2026
✔ Applicable from tax year 2026-27 onwards
Conclusion
Clauses 38 and 51 of the Finance Bill, 2026 together create a coherent, long-term tax architecture for IFSC units and Offshore Banking Units. By extending the deduction period to 20 years, tightening eligibility conditions, and ensuring a concessional and predictable post-holiday tax regime, the amendments move India’s IFSC framework closer to global best practices.
The changes signal a shift from short-term tax incentives to durable policy certainty, reinforcing IFSCs as sustainable international financial hubs.
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