Section 80-IAC: Tax Exemptions for Startups in India
Updated: Aug 28
Indian startups with DPIIT (Department for Promotion of Industry and Internal Trade) recognition can potentially save thousands or even more in taxes. The Income Tax Act's Section 80-IAC is the provision that enables recognised startups to receive a 100% tax exemption for three years in a row during which they generate profits. One of the most significant advantages of registering a startup in India is this. On April 1, 2017, Section 80-IAC of the Income-tax Act, 1961 was introduced. According to the statute, a profit-making eligible assessee is entitled to 100% tax deductions for any three years in a row. In this article, we will discuss this section in detail.
Table of content
What is Section 80-IAC of the Income Tax Act?
Under Section 80-IAC of the Income Tax Act, 1961, companies or limited liability partnerships (LLPs) engaged in qualifying start-up businesses are eligible for a tax credit. It makes it easier for qualified startups to claim a 100% deduction of income and gains from any eligible business that innovates, develops, improves products or services, or uses a scalable business model with a strong potential for creating wealth or jobs. By offering tax advantages, Section 80-IAC aims to support the expansion of businesses during their early stages. Its goal is to lessen tax avoidance. As a result, young entrepreneurs are encouraged to become legitimate taxpayers by this tax benefit. It was implemented to support research and development, innovation, and a vibrant Indian entrepreneurial ecosystem.
Benefits of Section 80-IAC for Startups
It is simple to claim deductions under the Income Tax Act of 1961 Section 80-IAC. Startups don't have to pay any government fees to file an uncomplicated online application. More startups are encouraged to take advantage of this tax exemption as a result of the ease with which the compliance procedure can be streamlined.
For each of the three consecutive assessment years, the total of the deductions allowed by Section 80-IAC of the Income-tax Act, 1961 is 100% of the earnings and gains realised by the qualified business.
Since there would be no tax due for that year, there is no need to pay advance tax. This section's deductions enable entrepreneurs to address the tax burden they often face in their early stages of business. The act eases startup financial strain by lowering taxable income, allowing them to use resources more wisely.
Eligibility for Section 80-IAC Exemption
To be in compliance with Section 80-IAC of the Income-tax Act of 1961, the following requirements must be met.
A limited liability partnership (LLP) or a company engaged in an eligible business is the assessee. An eligible start-up business is one that innovates, develops, or improves products, processes, or services, or that uses a scalable business model that can generate significant wealth or jobs. The specific business or limited liability partnership must be created between March 31, 2016, and April 1, 2025.
The LLP's or company's annual business turnover in the year prior to the assessment year does not exceed Rs. 100 Crore, for which section 80-IAC deductions are claimed.
A pre-existing business is not divided up or reformed to form a corporation or LLP. However, this clause does not apply to a start-up that results from the resumption of operations of any undertaking that was abandoned in a prior year due to significant damage or destruction of any building, machinery, plant, or furniture owned by the assessee and used for the purpose of such business by a natural disaster or other unforeseen circumstances (such as a riot, civil disturbance, accidental fire, or war).
Transferring equipment or machinery that was already in use for any purpose to a new enterprise does not establish it.
The Department of Industrial Policy and Promotion (DIPP), the Ministry of Commerce and Industry, and the Government of India ought to recognise the startups.
The startup must have an appropriate business certificate from the Inter-Ministerial Board of Certification, which the Indian Central Government published in the Official Gazette.
Startups work on the creation, development, or enhancement of goods, procedures, services, or scalable business models with the potential to create large amounts of money and jobs.
The Income-tax Act, 1961 states that to determine the deduction under Section 80-IAC, the gains and profits of the eligible business must be calculated as though those enterprises were the assessee's only source of income in the preceding years.
Step-by-Step Process to Claim Deduction under Section 80IAC
The qualified assessee must apply for the certificate from the Inter-Ministerial Board of Certification to be able to claim the deduction under Section 80-IAC. The procedures for requesting the certificate are as follows:
Step 1: To begin with, you must sign into the Startup India website. You next need to apply for the DPIIT recognition certificate by going through the Startup India registration process step-by-step on the screen.
Step 2: Choose "claim tax exemption" and provide the following information on the form:
Startup name
Nature of business (Limited Liability Partnership) or Private Limited Company)
Address and location
Contact details (PAN, E-mail ID, and phone number of entity)
Incorporation/registration number
Date of incorporation
DIPP number
Step 3: A startup that chooses to take advantage of 80IAC deductions must provide the necessary paperwork in PDF format:
Memorandum of association if PLC
Limited liability partnership deed if LLP
Board Resolution (if any)
Financial statements covering the last three years or every year since the company's founding
Profit and loss statements and a balance sheet approved by CA
Filed income tax returns from the date of incorporation or for the previous three years
Provide a link to the startup's video pitch and PDF pitch deck
If a startup additionally possesses an angel tax exemption certificate, it must submit that certificate along with the previously specified documentation.
You must wait for approval after submitting the form for the section 80 IAC tax exemption. The department will review all of the documents and information you submitted as part of the procedure and deliver a suitable result. Because of this, it takes between three and nine months to receive an answer or clearance from the DPIIT.
Revocation of Exemption under Section 80-IAC
The DPIIT Notification in Clause 8 warns that no benefits of the prescribed notification are to be provided, and the certified entity will be liable to be prosecuted under the provisions of the Income Tax Act, 1961, in the event that any certification directed to Clause 3 as complies with Section 80-IAC of the Income Tax Act, 1961 has been taken through incorrect details or by suppressing any material fact.
Conclusion
For qualifying entrepreneurs, the Income Tax Act of 1961's Section 80-IAC provides a tax benefit. This section encourages companies to create and innovate new goods and services. It helps qualified companies by giving them the necessary financial independence for expansion, stability, and innovation in the future. Additionally, it greatly strengthens the Indian entrepreneurial landscape, making it ideal for the country’s economy.
FAQ
Q1. What are the startup tax benefits under Section 80 IAC?
The Income Tax Act's new provision was added in 2016 to aid the Startup India initiative. For three years in a row, qualifying enterprises can deduct 100% of the tax required thanks to this clause.
Q2. What types of businesses fall under section 80 IAC?
A business that engages in innovation, development, deployment, or commercialization of innovative products, processes, or services powered by technology or intellectual property is considered an eligible business under section 80 IAC of the Income Tax Act.
Q3. Which authority issues the tax exemption certificate under section 80IAC?
The Department for Promotion of Industry and Internal Trade (DPIIT) is in charge of overseeing the tax advantages for new businesses. Because of this, the DPIIT issues all certificates.
Q4. Who is eligible for DPIIT registration?
The Startup needs to register as a limited liability partnership, partnership business, or private limited company. Less than INR 100 crores in turnover was required in each of the preceding fiscal years. A company is regarded as a startup for ten years following the date of establishment.
Q5. What tax advantages come with registering with the DPIIT?
Startups recognised by the DPIIT are eligible to apply for angel tax exemption. For the first three fiscal years following their approval for tax exemption, DPIIT-recognized startups are free from income tax for the first ten years following their formation.
Q6. How much exemption can be availed by Startups?
Under the 80-IAC, 100% of profits from qualified businesses for a block of three consecutive financial years of the company's choosing, out of the first ten years starting from the year of incorporation, are exempt.
Q7. How long does it take to receive approval for the tax exemption under section 80IAC?
You must wait for approval after completing the section 80-IAC tax exemption form. After reviewing all of the information and documentation you have given, the income tax department will determine the best course of action. The DPIIT's approval procedure takes three to nine months on average. By going to the "Dashboard" area of your profile on the Startup India platform, you may follow the progress of your application for an 80-IAC tax exemption.
Q8. What is the primary purpose of Section 80-IAC in the Income Tax Act?
Section 80-IAC aims to promote the growth of startups in India by providing them with significant tax benefits, thereby encouraging innovation and entrepreneurship.
Q9. Can a startup that has been restructured claim benefits under Section 80-IAC?
No, startups formed by splitting up or reconstructing an existing business are not eligible to claim deductions under Section 80-IAC.
Q10. Is there a limit to the number of years a startup can claim the tax deduction under Section 80-IAC?
Yes, the tax deduction can be claimed for any three consecutive years within the first ten years from the date of incorporation of the startup.
Q11. What documentation is required to apply for Section 80-IAC benefits?
Startups must submit proof of recognition by DPIIT, financial statements, a description of the business plan, and a certificate from a chartered accountant regarding the turnover.
Q12. Does Section 80-IAC apply to all sectors of startups?
While Section 80-IAC is broad, it specifically supports startups engaged in sectors that involve innovation, development, or improvement of products or services, or those with scalable business models.
Q13. How does Section 80-IAC impact the tax liabilities of eligible startups?
Eligible startups can significantly reduce their tax liabilities by claiming a 100% deduction on their profits, which can be reinvested into the business for growth and development.
Q14. What steps should a startup take if it wants to avail itself of Section 80-IAC benefits but is unsure of the eligibility criteria?
Startups should consult with tax professionals or legal advisors to understand the eligibility criteria and the application process, ensuring they meet all requirements before applying for the benefits.
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