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

Published: 14 May 2025
Author: Treelife
Practice area: Quick Takes
Source: https://treelife.in/quick-takes/income-received-in-gift-ifsc-taxed-in-india-an-anomaly-worth-noticing/

## Summary

- Section 5(1)(a) of the Income-tax Act, 1961 taxes a resident's total income that is received or deemed to be received in India, irrespective of source.
- GIFT IFSC, though geographically part of India, operates as a distinct financial jurisdiction offering global financial services.
- IFSC Banking Units (IBUs) in GIFT IFSC allow foreign entities to open bank accounts even without any presence in India.
- A key ambiguity is whether funds received by a foreign entity into a foreign currency account at an IBU count as income received in India under Section 5(1)(a) merely because the account sits within Indian territory.
- Such receipts may be taxable under Indian law but are not taxed in full by default.
- Actual tax liability depends on the nature of the income, since deductions and exemptions applicable to the relevant head of income would still apply.
- As per the IFSCA bulletin for October to December 2024, IBUs had facilitated nearly 2,600 bank accounts for foreign entities as of December 2024.
- The same period saw close to 6,900 accounts opened for non-resident individuals, including NRIs, with aggregate deposits crossing USD 4.98 billion.
- The article flags this tax treatment as an unresolved anomaly warranting clarity and invites readers to write to dhairya.c@treelife.in for discussion.

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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.

Write to us at **dhairya.c@treelife.in** for discussion.

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