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Comparison of section 214 "Tax on investment income and long-term capital gains." between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

5 September, 2025

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Section 214 Tax on investment income and long-term capital gains.

Income-tax Act, 2025

At a Glance

These documents are two versions of Clause/Section 214 dealing with tax rates on investment income and long-term capital gains of non-resident Indians (NRIs). They matter because they prescribe special rates applicable to categories of income of NRIs and thus affect tax incidence for taxpayers and revenue administration. The Bill version is labelled "Old Version"; the enacted Section (Income-tax Act, 2025) shows a different table structure. Effective date or decision date: Not stated in the document.

Background & Scope

Statutory hooks: Both texts are framed under the rubric "Special provisions relating to non-residents and foreign company" and labelled 214. The subject is tax on investment income and long-term capital gains of an assessee who is a non-resident Indian. Both present a table with three rows corresponding to categories of income and the tax payable on each. Definitions or explanatory notes: Not stated in the document.

Statutory Provision Mode

Text & Scope

Coverage: Both provisions apply to the total income of an assessee who is a non-resident Indian and which includes incomes specified in column B of the respective tables. Ingredients/elements: the tables list three categories of income with the tax payable associated with each. Specific entries:

  • Bill (Old Version): Row 1 - income from investment OR income from long-term capital gains of an asset other than a specified asset: taxed at 20%; Row 2 - LTCG on specified asset at 12.5%; Row 3 - residual total income taxed as ordinarily chargeable.

  • Enacted Section: Row 1 - income from investment at 20%; Row 2 - LTCG on specified asset at 12.5%; Row 3 - residual taxed at "rates in force."

Interpretation

Legislative intent and interpretive principles indicated by the text: Not stated in the document. The enacted provision's formulaic wording ("computed at the rate specified ... applied on the corresponding income") suggests a rule that each listed income category is to be separately taxed at the specified rate and then aggregated. Whether LTCG on non-specified assets are included in "income from investment" or are to be treated under residual rates is not specified and must be resolved by reference to other parts of the statute or legislative history, which are not provided in the documents.

Exceptions/Provisos

Carve-outs, thresholds, or conditional provisos: Not stated in the document. No provisos, step-ups, exemptions, or threshold tests appear in either table entry supplied.

Illustrations

  • Example 1 (consistent with Bill text): An NRI has investment income of INR X, LTCG of INR Y on a non-specified asset, and other income INR Z. Under the Bill's table, investment income + LTCG on non-specified asset would each be taxed at 20%, LTCG on specified asset (if any) at 12.5%, and remaining income at ordinary rates. (Concrete numbers: Not stated in the document.)

  • Example 2 (consistent with enacted Section): An NRI has investment income INR A, LTCG on a specified asset INR B, LTCG on a non-specified asset INR C, and other income INR D. Under the enacted Section, investment income A taxed at 20%, LTCG on specified asset B taxed at 12.5%, and the treatment of C is not specified in the table-thus either it falls under "rates in force" or is to be treated as part of another category; the document does not state which.

Interplay

Interaction with Rules/Notifications/Circulars: Not stated in the document. Any interplay with other sections of the Income-tax Act, underlying definitions of "specified asset," or procedural rules is not provided in the texts and therefore not addressed here.

Differences between the two provisions and practical impact

  • Structural difference in table row 1: - Bill (Old Version) - Row 1: "Income from investment or income from long-term capital gains of an asset other than a specified asset." Rate: 20%. - Enacted Section - Row 1: "Income from investment." Rate: 20%.
    • Practical impact: The Bill expressly taxed long-term capital gains (LTCG) on non-specified assets at 20% along with investment income. The enacted Section removes explicit reference to LTCG on non-specified assets from this 20% category, thereby creating potential divergence in the tax treatment of LTCG on non-specified assets between the Bill and the enacted provision (see further points).
  • Row 2 similarity and clarification: - Both texts: Row 2 taxes "Income from long-term capital gains on specified asset" at 12.5%.
    • Practical impact: There is consistency in special concessional rate (12.5%) for LTCG on specified assets for NRIs in both versions.
  • Treatment of residual income (Row 3): - Bill (Old Version) - Row 3: "Total income as reduced by income referred to against serial numbers 1 and 2. Income-tax chargeable on such income." (That is, tax as ordinarily chargeable.) - Enacted Section - Row 3: "Total income as reduced by income referred to against serial numbers 1 and 2. Rates in force."
    • Practical impact: Both indicate that remaining income is taxed under general rates. The enacted text's phrasing "Rates in force" is succinct but substantively aligns with the Bill's "Income-tax chargeable on such income." No difference in tax base implied for the residual amount itself, but combined with change to Row 1, the overall taxable quantum under general rates could be different.
  • Net effect/ambiguity regarding LTCG on assets other than "specified asset": - Bill clearly brings LTCG on non-specified assets into the special 20% charge. - Enacted Section does not mention LTCG on non-specified assets; it only lists "Income from investment" at 20% and separately LTCG on specified asset at 12.5%.
    • Practical impact: The omission in the enacted text creates interpretive uncertainty as to whether LTCG on non-specified assets continue to attract the 20% special rate or are taxed at "rates in force" (i.e., ordinary rates) as residual income. This materially affects NRIs holding long-term assets not classified as "specified asset": under the Bill they would have been subject to a flat 20% charge; under the enacted text they may be outside the 20% bucket and therefore could be taxed differently. The document does not resolve this interpretive issue. (Analytical note: the text does not state where LTCG on non-specified assets fall; therefore any definitive allocation is "Not stated in the document.")
  • Terminology and drafting precision: - Bill uses longer descriptive language ("Income-tax payable ... shall be the aggregate of the amounts mentioned in column C thereof"). - Enacted Section uses "shall be the aggregate of income-tax computed at the rate specified in the column C applied on the corresponding income specified in column B."
    • Practical impact: The enacted text explicitly frames the computation as applying a rate to the corresponding income, which is drafting clarity. The Bill's phrasing is functionally similar but less formulaic. No substantive tax computation change is expressly stated beyond what the tables show.

Practical Implications

  • Compliance and risk areas: The primary compliance risk arises from the divergent textual treatment of LTCG on assets other than "specified asset." Taxpayers and withholding agents (if applicable) require clarity on whether such gains attract the 20% special rate (as in the Bill) or fall outside that bracket under the enacted Section. Without explicit direction in the document, inconsistent application and disputes are likely.
  • Record-keeping/evidence points: Taxpayers should maintain clear documentation identifying (i) whether an asset is a "specified asset" (definition not in the document), (ii) characterisation of receipts as "income from investment" versus capital gains, and (iii) computations segregating amounts taxed at special rates versus residual income taxed at general rates. The document itself does not prescribe supporting documents or forms; therefore these records are prudent based on the table distinctions.

Key Takeaways

  • Both texts create special tax rates for certain categories of income of NRIs: 20% for certain investment income and 12.5% for LTCG on "specified asset."
  • The Bill (Old Version) explicitly taxed LTCG on assets other than specified assets at 20%; the enacted Section omits that explicit clause and instead lists only "income from investment" at 20%.
  • The omission in the enacted text creates ambiguity about the tax treatment of LTCG on non-specified assets (whether they remain at 20% or are taxed at general rates); the document does not resolve this.
  • No definitions (including "specified asset"), thresholds, exemptions, or effective date are provided in the documents; those matters are "Not stated in the document."
  • Taxpayers and administrators will need statutory cross-reference or official guidance to determine where LTCG on non-specified assets are to be taxed; absent that, differing interpretations and disputes may arise.

Full Text:

Section 214 Tax on investment income and long-term capital gains.

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