Income Received in GIFT IFSC: Taxed in India? An Anomaly Worth Noticing

Section 5(1)(a) of the Income-tax Act, 1961 provides that the total income of a resident includes all income received or deemed to be received in India, regardless of its source. This seems straightforward until you factor in GIFT IFSC.

GIFT IFSC, though geographically within India, is positioned as a distinct financial jurisdiction offering global financial services. One of its advantages is allowing foreign entities to open bank accounts with IBUs (IFSC Banking Units) irrespective of whether they have any presence in India or not. This raises an interesting point:

• If a foreign entity receives funds into a foreign currency bank account at an IBU in GIFT IFSC, is this considered “income received in India” for tax purposes merely because the bank account is technically within Indian territory?

While such receipts may be taxable under Indian law, they are not taxed in full by default. The actual tax liability would depend on the nature of the income, as the provisions related to deductions and exemptions under the relevant head of income would apply.

This issue gains significance when you consider the growing scale of banking activity within GIFT IFSC. As of December 2024 (as per IFSCA bulletin for Oct to Dec 2024), IBUs have facilitated opening of nearly 2,600 bank accounts for foreign entities and close to 6,900 accounts for non-resident individuals (including NRIs), with aggregate deposits crossing USD 4.98 billion. This volume highlights the practical importance of clarity on the tax treatment of receipts in said bank accounts.

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Dhairya Chaniyara

Senior Associate | Tax & Regulatory | [email protected]

Focuses on direct tax and regulatory services with a specialization in GIFT IFSC. Brings experience from various industries, including manufacturing, FMCG, IT-ITES, and healthcare, to deliver impactful tax solutions.