GIFT City and IFSC for NRIs and funds — what does India require?

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Answer

Units and funds established there access specified exemptions and concessions subject to conditions on activity and setup. India collects at source before considering any exemption, so most Indian files are a reconciliation and a recovery rather than a payment.

What India requires

Units and funds established there access specified exemptions and concessions subject to conditions on activity and setup. For NRIs the relevance is investment routes and fund structures rather than personal filing.

Two of the firm’s advisers at a desk in the Delhi office

The exception

India's international financial services centre operates on a different tax and regulatory footing from the rest of the country, which makes it a separate jurisdiction for planning even though it is inside India.

GIFT City and IFSC for NRIs and funds — what does India require?
ItemAmount
Sale consideration₹18,200,000
Cost taken into account₹12,194,000
Gain actually arising₹6,006,000
Deduction on the consideration (assumed 19%)₹3,458,000
Tax on the gain (assumed 19%)₹1,141,140
Cash held back beyond the real tax₹2,316,860

₹2,316,860 more is deducted than the transaction actually owes. A lower-deduction certificate obtained before closing is what releases it at the table; without one it sits with the department until a return recovers it.

Treat these numbers as a worked example rather than advice — they exist to make the mechanics visible, and the rates and thresholds are assumed for the illustration. For a real filing, we verify each figure with the authority that publishes it, for your year.

How to get this moving

The full treatment — who it binds, the deadline, the penalty and the fixed fee — is on GIFT City and IFSC for NRIs and funds. Send us the facts and we will tell you what has to be filed and what it costs.

Checked and signed off for the 2025 and 2026 filing seasons by Udit Gupta, Cross-Border Tax Expert, Legal Quotient Consultants. Written as general guidance, not as a recommendation for your situation. Talk it through with us before acting on it.

Where tax on electronics in India comes into this file

This is the page to read on tax on electronics in India. It takes GIFT City and IFSC for NRIs and funds 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

Separating the fund's concessions from the investor's own position

An NRI had been told that subscribing to a fund inside the centre would make the income tax free in India. We read the fund's own documents and set out which exemptions attached to the fund, which conditions on activity and setup kept them available, and what was left for the investor to report. The engagement produced a written note the client could give his adviser abroad, stating the fund's footing and the investor's separate reporting position. Nothing about his own return changed, and he stopped expecting it to.

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Case study 2

Choosing between a domestic fund and a unit in the centre

A sponsor raising money from Indian and overseas investors wanted the centre's concessions but had not tested whether the intended activity fitted their conditions. We compared the two structures on the points that decide the outcome: what each would be permitted to do, what setup each required, and which concessions would survive the intended business plan. The work produced a documented structure decision with the conditions listed against the operational steps that have to hold each year, so the sponsor's administrator knew what it was maintaining rather than discovering it at the first review.

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Case study 3

Mapping a family's holdings before adding a route through the centre

A family with investments across several Indian institutions wanted to add a fund inside the centre. Before subscribing we listed every existing holding, the character of what each produced, and the deduction at source each attracted. The new route was then placed against that map rather than beside it. The engagement produced a single schedule showing which income would sit inside the centre and which would remain on the ordinary Indian footing, with the reconciliation each would need. The family used the schedule to brief their bank and their adviser outside India.

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Case study 4

A unit whose activity had drifted away from its own approvals

A unit established in the centre had taken on work adjacent to the line of business described in its setup documents. Because the concessions turn on activity, the mismatch mattered more than the amounts involved. We compared the invoices actually raised against the permitted description, identified the items that did not fit, and recorded the analysis contemporaneously. The engagement produced a documented position on each category of income and a short annual procedure for testing new work against the conditions before it is accepted rather than after it is billed.

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Case study 5

Correcting a foreign adviser who treated the centre as offshore India

A client's adviser in another country had reported a fund inside the centre as though it were established outside India, which put the wrong country on a foreign asset disclosure. We set out the position plainly. The centre is inside India and governed by Indian law, while its tax and regulatory footing differs from the rest of the country. The engagement produced correspondence the adviser could rely on and an amended disclosure with the country stated correctly and the tax treatment described separately, so the two questions were no longer answered with one word.

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Case study 6

Subscriber documentation for a fund marketing to NRIs abroad

A fund inside the centre was accepting subscriptions from NRIs resident in different jurisdictions and collecting the same paperwork from all of them. We reviewed what each subscriber's own country would later ask about the fund and what the fund needed to hold to support its own position. The work produced a subscriber pack keyed to residence, with the residence evidence and the fund-level description an investor's adviser abroad would need. The administrator now issues it at subscription instead of answering questions individually years later.

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Case study 7

Getting Sale Proceeds Out of India

Repatriation runs on certification from an accountant and on the account the funds sit in, and the banking rules and the tax rules are separate gates. Both are cleared in sequence rather than together.

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Case study 8

Indian Transfer Pricing Certification With a Hard Deadline

An Indian entity with international related-party transactions needs an accountant's report filed by a date of its own, ahead of the return. The work is reconciling the transactions to the books first, because the report is only as defensible as that reconciliation.

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All case studies — every published engagement in one place.

Core International & Cross-Border Tax Services

International Tax Planning & Advisory

Strategy and compliance for income, assets and families spread across borders.

One coordinating team: filings on every side of the border are sequenced so treaty relief and foreign tax credits are claimed once — and in the right country.

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Dual filers: U.S. citizens in Canada and Canadians with U.S. income run two parallel systems — we prepare both, in the right order, every year.

Expat & Emigration Tax

The move year is its own project: the elections and valuations filed that year decide the next decade of both countries’ returns.

Non-Resident Canadian Tax

Default withholding is 25% of gross: elective returns routinely turn over-withheld rent and pensions into refunds.

Transfer Pricing & BEPS

Documentation prepared with the return is the cheapest insurance in international tax; reconstructing it during an audit is the most expensive.

Cross-Border Estates & Trusts

Wills drafted for one country routinely misfire in the other — deemed disposition here, estate tax there, credits in between.

Cross-Border Corporate Tax

Expansion raises the same four questions every time — entity, PE, repatriation, payroll. We answer them before the tax authorities do.

India Tax for NRIs & Returning Residents

The deduction is taken on the sale price, not the gain — which is why an NRI property sale strands cash unless the certificate is applied for before closing.

Canadian Tax with a Foreign Element

Residency is decided on facts, not on a form — and the year you arrive or leave is the one where the largest amounts turn on the smallest details.

UAE Tax for Expats & Their Home Country

A zero-tax country is only half the answer — the question that decides the bill is whether the country you came from still treats you as resident.

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Global E-commerce & Marketplaces
Technology & SaaS
Professional Services Firms
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Importers, Exporters & Manufacturers
Athletes, Artists & Entertainers
Remote Workers & Digital Nomads
Investment Funds & Holding Companies

Global E-commerce & Marketplaces

Cross-border tax for sellers shipping worldwide: marketplace withholding, foreign registrations and inventory nexus handled before they become audits.

Marketplaces withhold, remit and report in their own right, so the tax position of a single sale is decided by where the stock sat, where the buyer was and which platform collected — not by where the company is registered. We reconcile the platform's own filings against the returns before either is submitted.

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Explore E-commerce & Marketplaces

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  • U.S. expansion: entity & PE setup
Explore Technology & SaaS

Importers, Exporters & Manufacturers

  • Transfer pricing documentation (s.247)
  • Customs value vs transfer price
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  • Country-by-country reporting
Explore Trade & Manufacturing

Athletes, Artists & Entertainers

  • Reg 105 & U.S. CWA agreements
  • Multi-state & country calendars
  • Touring income allocation
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Explore Athletes & Entertainers

Remote Workers & Digital Nomads

  • Residency analysis before moving
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Investment Funds & Holding Companies

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Explore Funds & Holdcos

Asked next about GIFT City and IFSC for NRIs and funds

Is GIFT City tax free for NRIs?

No. The concessions and exemptions available there attach to units and funds established in the centre that meet conditions on their activity and their setup. They belong to the structure rather than to the investor. An NRI who subscribes to a fund based in the centre is not a unit, so the investor's own position still turns on residence, on the character of what is received, and on the treaty that applies. The useful question is narrower than tax free: which concessions the fund relies on, what conditions keep them available, and what the fund's treatment then means for a subscriber living outside India.

Does investing through GIFT City change my Indian tax return?

For most NRIs it changes what is held and where, not whether a return is due. The centre matters to investment routes and to fund structures. It does not create a personal filing regime of its own. So the return still reports Indian-source income under the ordinary rules, and the practical work is identifying which receipts come through a structure inside the centre and which come from the rest of India, because the two are not taxed on the same footing. Get that split recorded when the investment is made. Reconstructing it later from statements is the part clients find expensive.

Is GIFT City inside India or offshore?

It is inside India geographically and it sits on a different tax and regulatory footing from the rest of the country. That is why advisers treat it as a separate jurisdiction for planning while Indian law still governs it. The distinction matters when a foreign adviser completes a form asking for the country of the fund, or when a home-country rule turns on whether something is Indian. The answer to those questions is India. The answer to how it is taxed is not the same as for the rest of India. Keep the two apart in correspondence.

Can I move existing Indian investments into a GIFT City fund?

Treat it as two separate events rather than a transfer. Coming out of what you hold now is a disposal under the ordinary Indian rules, with whatever deduction at source and reconciliation that brings. Going into a fund in the centre is a fresh subscription, and the concessions the fund relies on attach to the fund's own activity and setup, not to the history of the money. Nothing about the destination changes the tax on the exit. Sequence the two and price the exit first. People usually plan the new structure in detail and discover the cost of leaving the old one afterwards.

Will a GIFT City structure reduce my tax where I live?

No. The concessions are Indian-side and they operate on the fund or the unit inside the centre. Your own country applies its own rules to what you receive and, in many cases, to your interest in a foreign fund regardless of how that fund is taxed in India. A structure that is efficient in India can be the worse answer once your residence country's treatment of foreign funds is added. Look at both sides before subscribing, and keep the fund's own documentation, because your home filing will ask what the entity is and how it is taxed.

What conditions must a GIFT City unit keep meeting?

The exemptions and concessions are conditional, and the conditions bear on what the unit actually does and on how it was set up. That makes them an ongoing compliance matter rather than a one-off approval. Activity drifts. A unit established for one permitted line of business starts doing something adjacent because a client asked, and the description in its own approvals no longer matches its invoices. Review the activity against the conditions each year, in writing, and keep the record. The document that answers a later question is the contemporaneous one, not the reconstruction.

What are Form 15CA and Form 15CB?

They are the certification pair required before certain remittances leave India. Form 15CA is the remitter's declaration filed online; Form 15CB is the accountant's certificate supporting the tax treatment and the rate applied, including any treaty relief. Which combination you need depends on the nature and size of the payment, and banks will generally not process the remittance without them. See Form 15CA.

Is money received in India from abroad taxable?

Receiving your own money is not income, and a gift from a specified relative is exempt however large. Two things do bite. A gift from someone outside that relative list is taxable to the recipient once the year's receipts pass the threshold in the gift provisions. And money that is really payment for something — fees, rent, interest, a share of profit — is taxed as that income whatever the bank narration says. The paperwork should match the substance. See gifting money to family in India.

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