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Taxation and Other Laws (Amendment) Bill 2026: Key Provisions

10 August 20262 min read
ECONOMYTaxation and OtherLaws (Amendment)Bill 2026: KeyProvisions10 August 2026safalsetu.com

Why in the news

Lok Sabha passed a wide-ranging tax Bill meant to draw foreign investment, back Make in India and modernise payments rules. Its most debated feature is the power to allow charges on UPI.

Key facts

  • Laws touched: the new Income-tax Act (2025), the 2026 Finance Act and the Payment and Settlement Systems Act (2007); it takes the place of an Ordinance.
  • Electronics: tax benefits for foreign companies supplying machinery or using Indian factories for contract manufacturing; products include mobiles, laptops, servers and wearables.
  • Diamonds and electronics: exemptions on income from selling rough diamonds and storing components in customs-bonded warehouses.
  • FIIs and BIS: no income tax on some interest and capital gains from government securities.
  • Fund managers: easier relocation to India without making overseas funds taxable, with safeguards against round-tripping.
  • Data centres: fewer approvals for foreign cloud providers, and Indian data centres may operate from leased premises.
  • REITs and InvITs: tax-free dividend income restored for investors.
  • UPI: the Centre may let banks and payment providers levy fees on UPI and other notified digital modes, which are barred today.
MeasureEarlier positionBill’s change
Electronics contract-manufacturing tax holidayFive yearsExtended 10 years, to 2040-41
SPV surcharge (business trusts)10%25% proposed
UPI chargesProhibitedGovernment may permit
Dividend income from REITs/InvITsTaxedTax-free again

Significance

  • Draws foreign money and supports domestic electronics production.
  • Could make India a hub for data storage and cloud services.
  • Attracts global fund managers to shift operations.
  • Encourages investment in real estate and infrastructure through REITs and InvITs.
  • Reduces approvals, making business easier.

Concepts

  • REIT: pools money into income-earning property such as offices, malls and hotels, much like a mutual fund for real estate.
  • InvIT: similar, but invests in highways, power plants and transmission lines; regulated by SEBI under the InvIT Regulations, 2014.
  • MDR: fee a merchant pays its bank or payment provider on a digital payment, usually a small percentage of the value; zero for UPI and RuPay debit cards since 2020.
  • Round-tripping: sending Indian money abroad and bringing the same funds back disguised as FDI or FPI.

Concerns

  • Passed amid disruptions with little debate, raising scrutiny questions.
  • Ending zero-MDR may hurt small shopkeepers and low-income users; supporters say the present model is unsustainable.
  • Long-term exemptions may cut revenue and strain fiscal discipline.
  • Round-tripping risk despite safeguards.
  • Large foreign firms may gain an edge over domestic MSMEs.

Way forward

  • Link long-term tax benefits to jobs, exports and technology, and review them regularly.
  • Pair data-centre incentives with strong data-protection and cybersecurity rules under the DPDP Act, 2023.
  • Back incentives with stronger PLI schemes and R&D funding, especially for MSMEs.
  • SEBI and CBDT should use AI-based monitoring, and GAAR should be applied strictly.

Exam angle

  • Zero MDR on UPI since 2020; the Bill enables fees if the Centre notifies them.
  • InvIT regulator: SEBI (2014 Regulations).
  • Related terms: round-tripping, GAAR, FII, SPV.

Test yourself

1. Under the Taxation and Other Laws (Amendment) Bill, 2026, the electronics contract-manufacturing tax holiday is extended up to which year?

The five-year holiday is extended by 10 years, to 2040-41.

2. Which Act's amendment under the Taxation and Other Laws Bill, 2026 could allow fees on UPI transactions?

The Bill amends the Payment and Settlement Systems Act, 2007.

3. The Taxation and Other Laws Bill, 2026 proposes raising the surcharge on business-trust SPVs from 10% to what level?

The surcharge on SPVs rises from 10% to 25%.