Section 80 LA of the Income Tax Act, 1961, is a provision that offers significant tax benefits to certain entities operating in India's Special Economic Zones (SEZs), specifically Offshore Banking Units (OBUs) and International Financial Services Centres (IFSCs). This section provides for deductions on eligible income earned by these entities, making India an attractive destination for international financial businesses.
Section 80 LA of the Income Tax Act provides for tax deductions for certain incomes earned by Offshore Banking Units (OBUs) and International Financial Services Centres (IFSCs).
An Offshore Banking Unit (OBU) is a specialized branch of a bank that operates within a Special Economic Zone (SEZ) in India. These units are designed to attract foreign currency deposits and investments, and to facilitate international banking transactions.
International Financial Services Centres (IFSCs) are special economic zones designated by the Indian government to promote financial services and capital market activities. These centers aim to attract global financial institutions and businesses to India.
To be eligible for this deduction, an assessee must meet specific criteria:
A scheduled bank that has established an OBU in a Special Economic Zone (SEZ) can claim this deduction.
The OBU must be operational and have obtained necessary permissions under the Banking Regulation Act, 1949.
Any unit located in an IFSC that is engaged in specific financial services activities, such as banking, insurance, securities dealing, etc., can claim this deduction.
To claim the tax deduction under Section 80LA, the eligible income must be derived from specific activities carried out by Offshore Banking Units (OBUs) or International Financial Services Centres (IFSCs).
Income from international banking and foreign exchange dealing activities.
Income from other financial services activities carried out by the OBU.
Income from banking, insurance, securities dealing, and other financial services activities.
Here are the conditions to claim deduction under Section 80LA:
A report from a Chartered Accountant in Form 10CCF should be filed along with the return. This report certifies the eligibility of the income for the deduction.
The return of income should be filed, and the deduction should be claimed in the return.
A copy of the permission obtained under Section 23(1)(a) of the Banking Regulation Act should be filed with the return. This permission is required for setting up an Offshore Banking Unit (OBU).
Particular | Amount of deduction |
Scheduled bank/foreign bank having offshore banking unit in SEZ | First 5 year* = 100% of income |
Next 5 years = 50% of income |
The assessment year corresponding to the previous year will be the year in which approval under the Banking Regulation Act, SEBI regulations, or any other applicable law is granted.
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For OBUs: Income from international banking, foreign exchange dealing, and other financial services activities.
For IFSC units: Income from banking, insurance, securities dealing, and other financial services activities.
The income must be earned in foreign currency.
The income must be derived from business operations within the OBU or IFSC.
Other specific conditions as outlined in the Income Tax Act, 1961.
For the first 5 consecutive assessment years: 100% deduction of eligible income.
For the next 5 consecutive assessment years: 50% deduction of eligible income.
†Policybazaar does not endorse, rate or recommend any particular insurer or insurance product offered by any insurer. This list of plans listed here comprise of insurance products offered by all the insurance partners of Policybazaar. The sorting is based on past 10 years’ fund performance (Fund Data Source: Value Research). For a complete list of insurers in India refer to the Insurance Regulatory and Development Authority of India website, www.irdai.gov.in
*All savings are provided by the insurer as per the IRDAI approved insurance plan.
^The tax benefits under Section 80C allow a deduction of up to ₹1.5 lakhs from the taxable income per year and 10(10D) tax benefits are for investments made up to ₹2.5 Lakhs/ year for policies bought after 1 Feb 2021. Tax benefits and savings are subject to changes in tax laws.
¶Long-term capital gains (LTCG) tax (12.5%) is exempted on annual premiums up to 2.5 lacs.
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