GIFT City & IFSC structures — what should I check first?

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Answer

Units established there access specified exemptions and concessions subject to conditions, and fund and treasury structures are the common use cases. One question decides whether this is a filing or a project.

What to check first

Units established there access specified exemptions and concessions subject to conditions, and fund and treasury structures are the common use cases. Eligibility, permitted activities and the sunset of particular concessions decide whether it fits.

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Where it does not apply

India's international financial services centre operates on a different tax and regulatory basis from the rest of India, which makes it a distinct jurisdiction for planning purposes.

GIFT City & IFSC structures — what should I check first?
ItemAmount
Income taxed in both countriesC$69,000
Tax paid abroad (assumed 27%)C$18,630
Home tax on the same income (assumed 36%)C$24,840
Credit available (lesser of the two)C$18,630
Home tax still payableC$6,210

The credit absorbs C$18,630 and leaves C$6,210 payable at home, because the home rate on this income is the higher of the two. The balance is real cash and it is due on the home timetable, which is why instalments get raised in the first meeting.

These amounts illustrate the mechanism only. The rates and thresholds are assumptions of the example, not your numbers: each is checked against the issuing authority for your specific tax year before any return is filed.

Where to go from here

The full treatment — who it binds, the deadline, the penalty and the fixed fee — is on GIFT City & IFSC structures. Ask before the move rather than after it, because most of the useful options expire on the date.

Checked and signed off for the 2025 and 2026 filing seasons by Udit Gupta, Cross-Border Tax Expert, Legal Quotient Consultants. General information, not advice for your circumstances — call our 24-hour helpline to discuss your own position.

Where international tax accountant comes into this file

This is the page to read on international tax accountant. It takes GIFT City & IFSC structures in order — the test that decides who is affected, the returns and forms that follow from it, and a fee quoted in writing before anything starts.

Files that look like this one

Case study 1

Fund structure compared against an alternative outside India

A manager raising from investors across several countries asked whether to establish the vehicle in the international financial services centre or elsewhere. The work set the two side by side on the things that decide it: which exemptions and concessions a unit could access, the conditions each carries, the permitted activities, and the ongoing cost of maintaining eligibility. We also mapped what each option would mean for investors in their own countries. The engagement produced a written comparison with the conditions attaching to each relief, and a recommendation the manager could show to prospective investors.

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Case study 2

Permitted activity tested before any unit was established

A group intending to run part of its business from the centre described an activity that did not clearly sit within the permitted list. Rather than establish first and ask later, we tested the intended business against what a unit is permitted to undertake, and against the eligibility conditions of the particular relief the group wanted. Part of the activity fitted; part did not. The engagement produced a written eligibility analysis, a revised description of what the unit would carry on, and a note of the functions that would have to remain outside it.

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Case study 3

Concession timing decided whether the structure went ahead

A structure had been designed around a concession whose availability period was approaching its end. The review asked one question in writing: what does this structure look like once that relief is no longer available? We worked through the remaining reliefs, the conditions each carries, and the cost of establishing and running the unit over the period that would remain. The engagement produced a timing analysis and a documented decision not to proceed on the original design, together with the alternative the group adopted instead.

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Case study 4

Treasury unit reviewed for eligibility and its running conditions

A group treasury function was proposed for the centre on the basis of a general description of the regime. We replaced that with specifics: which concession the group would rely on, the conditions attaching to it, the activities the unit would be permitted to carry on, and the substance the group would have to put behind it. The engagement produced an eligibility file, an operating description of the treasury activity written so that it matches what the unit would actually do, and a list of the annual conditions somebody has to own.

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Case study 5

Investor reporting at home mapped alongside the Indian treatment

An investor holding an interest in a fund established in the centre had good Indian advice and none at home. We mapped the home-country treatment of the interest, the information reporting it triggers, and the interaction between the Indian concessions and the way the home country taxes the same income. The engagement produced a written note of the reporting obligations by year, a position on the character of the income at home, and a corrected set of information returns for the periods that had been missed.

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Case study 6

Existing Indian operations reviewed for a move into the centre

A company already operating in India asked about moving activities into the centre. The review separated three questions: whether the intended activity is permitted for a unit, whether the group met the eligibility conditions of the relief it wanted, and what the transfer itself would cost under ordinary Indian rules. Because the centre operates on a different basis from the rest of the country, the move was treated as establishing a new proposition rather than changing an address. The engagement produced a step plan, an eligibility analysis, and a costed comparison with staying put.

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Case study 7

A Company Abroad Owned by a US Person

A business incorporated where the owner lives is a foreign corporation to the IRS, with a reporting package of its own and schedules that need local accounts restated. Classification comes first, because it decides what is reportable and when profits are taxed.

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Case study 8

A Country-by-Country Report and Who Files It

The obligation sits with the group and the filing can fall on a surrogate where the parent's jurisdiction does not exchange. Establishing who files where comes before preparing anything.

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All case studies — every published engagement in one place.

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Also asked about GIFT City & IFSC structures

Is a GIFT City unit taxed like the rest of India?

No, and that is the point of it. India's international financial services centre operates on a different tax and regulatory basis from the rest of India, so for planning purposes it behaves as a distinct jurisdiction. Units established there can access specified exemptions and concessions, but each is subject to conditions, and the conditions are where the analysis lives. Before treating the centre as a low-tax location, establish which concession you are actually relying on, what it requires, and how long it is available for. A general description of the regime is not a basis for a structure.

What activities can an IFSC unit actually carry on?

Permitted activities are defined, and the common use cases are fund and treasury structures. An entity cannot simply carry on whatever business it likes from within the centre and expect the concessions to follow. So the first check is a match between the business you intend to run and the activities a unit is permitted to undertake, followed by the eligibility conditions attaching to the particular relief you want. Where the intended business only partly fits, the realistic options are to restructure the activity or to accept that part of it sits outside the regime.

Do the concessions last for the life of the unit?

Not necessarily. Particular concessions have their own availability periods, and the sunset of one of them can change the arithmetic of a structure that was built around it. That makes timing part of the decision rather than a detail. A unit set up to capture a relief that is closing may not repay the cost of establishing and running it. Check which relief you are relying on, what conditions it carries and how long it runs, before committing to the structure rather than after the unit exists.

Is GIFT City worth it for a small fund?

It depends on whether the concessions you would actually use outweigh the cost of eligibility. A unit has to be established, it has to carry on a permitted activity, and it has to meet the conditions of each relief it claims, all of which carry running cost. Fund and treasury structures are the common use cases because those are the businesses where the reliefs bite hardest. For a smaller vehicle the honest test is to price the compliance first and compare it with the benefit, rather than the other way round.

Can my existing Indian company just move into the IFSC?

Treat it as establishing a unit rather than relocating an address. A unit there is a separate proposition with its own eligibility conditions and its own permitted activities, and none of that follows from the company already existing in India. Moving an existing business in raises questions about what transfers, what stays behind, and how the transfer itself is taxed under ordinary Indian rules. Work the eligibility and permitted-activity questions first. If the business does not fit, the transfer analysis never becomes relevant.

Does a unit there change my reporting at home?

Almost certainly. A holding or an interest in a fund or treasury vehicle in the centre is a foreign interest from the perspective of the country you are resident in, and that country applies its own rules to it regardless of how the income is treated in India. Information reporting is the part people miss, because the concession being relied on sits in one country while the reporting obligation sits in another. Map the home-country consequences alongside the Indian ones before the structure is fixed.

How do I actually stop being taxed twice?

In this order. Fix your residence under each country's own rules, and if both claim you, apply the treaty tie-breaker. Identify where each type of income is sourced. Read the article that covers that income type, because it decides who taxes and at what maximum rate. Then claim the relief on the residence-country return, with proof of the foreign tax. Most of the tax people lose to double taxation is lost at the last step, not the first. See how double taxation is relieved.

Branch or subsidiary — which should we use to expand?

A branch keeps one taxpayer: results consolidate at home, losses are usable sooner, and the exposure is that the branch is a permanent establishment whose profit the host country taxes, sometimes with a branch tax on repatriation. A subsidiary is a separate taxpayer with limited liability and local rates, at the cost of withholding on dividends home and transfer pricing on everything between them. The deciding facts are usually expected losses, liability and exit plans. See branch against subsidiary.

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