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Guide · Business & MSME

Income Tax for Startups in India —
80-IAC, ESOP & Angel Tax

The full startup tax-benefit map: the Section 80-IAC 3-year tax holiday, ESOP tax deferral, the abolished angel tax, Section 54GB and relaxed loss carry-forward — for DPIIT-recognised startups.

TaxClue Editorial Desk Updated 18 August 2026 6 min read 16 FAQs answered
Updated for AY 2026-27 CA Reviewed DPIIT & Startup India
Quick Answer

A DPIIT-recognised startup can claim a 100% deduction of profits for any 3 consecutive years out of its first 10 years under Section 80-IAC — effectively zero income tax on those years’ profits. Budget 2025 extended the eligibility window to startups incorporated before 1 April 2030. Other benefits: ESOP tax deferral, the now-abolished angel tax, Section 54GB capital-gains relief and relaxed loss carry-forward. MAT at 15% still applies on book profits.

80-IAC deduction 100%
Angel tax Abolished
ESOP tax Deferred
MAT 15%
At a glance

Startup Tax Benefits — Summary Table

Every major income-tax benefit available to a DPIIT-recognised startup, the governing section and its key condition.

BenefitSectionWhat it givesKey condition
Profit deduction (tax holiday)80-IAC100% for 3 of first 10 yearsDPIIT + IMB certification
ESOP tax deferralPerquisite / 192Tax at exercise deferred to sale / 5 yr / exitDPIIT-recognised startup
Angel tax removal56(2)(viib)No tax on share premium above FMVAbolished from 1 Apr 2024
Investor LTCG relief54GBLTCG on residential property reinvested in startup50% invested within 6 months
Loss carry-forwardSection 79Losses survive a change in shareholdingDPIIT recognition; up to 8 yrs
MAT credit carry-forward115JAAMAT paid set off against future regular tax15-year carry-forward

References under the Income-tax Act, 2025 are renumbered from AY 2026-27; the 1961-Act section numbers above are retained for familiarity. Confirm on incometax.gov.in before filing.

The flagship benefit

Section 80-IAC — The 3-Year Tax Holiday

Section 80-IAC lets an eligible startup claim a 100% deduction of eligible-business profits for 3 consecutive assessment years out of the first 10 years from incorporation. You choose which 3 years — so you can time the holiday to your most profitable years. Budget 2025 extended the window to startups incorporated before 1 April 2030.

ConditionRequirement
DPIIT recognitionRecognised as a startup under Startup India
Date of incorporationOn/after 1 Apr 2016 and before 1 Apr 2030
Turnover capNot exceeding ₹100 crore in any FY since incorporation
Entity typePrivate limited company or LLP (not a firm/proprietor)
Nature of businessInnovation / improvement of products, processes or a scalable model
Not reconstructedNot formed by splitting up or reconstruction of an existing business
IMB certificateCertified by the Inter-Ministerial Board (IMB)

MAT under Section 115JB (15% of book profit) still applies during the holiday — 80-IAC exempts regular tax, not MAT.

80-IAC does not exempt you from MAT

Even with a full 80-IAC deduction, a company with accounting profit pays Minimum Alternate Tax at 15% under Section 115JB. The MAT paid is not lost — it becomes a credit you can carry forward for up to 15 years and set off once you are on regular tax after the holiday.

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Employee benefit

ESOP Taxation — Deferred for Startups

Before Finance Act 2020, ESOP perquisite tax hit employees at exercise — tax owed before any cash was realised. For eligible DPIIT-recognised startups, that tax is now deferred to the earliest of three events.

Grant & vestNo tax at grant or vesting
ExercisePerquisite computed but tax deferred
TriggerSale / 5 yrs / exit — whichever first
Tax paidPerquisite taxed as salary at slab
AspectPre-2020Post-Finance Act 2020 (startups)
Tax triggerAt exercise (always)Sale, 5 yrs from exercise, or exit
Cash-flow issueTax without cash realisedAligned with a cash / liquidity event
Employer TDSDeduct at exerciseDeduct at the deferred trigger
Who qualifiesAll companiesDPIIT-recognised startups only

The perquisite (FMV on exercise date minus exercise price) is taxed as salary at slab rates when the trigger occurs; any later gain on selling the shares is taxed separately as capital gains.

Structuring an ESOP pool for your team?

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Fundraising

Angel Tax — Abolished from 1 April 2024

Angel tax under Section 56(2)(viib) once taxed the premium a startup received when it issued shares above fair market value as "income from other sources". Budget 2024 abolished it entirely, effective 1 April 2024 (AY 2025-26 onwards), for all investors — resident and non-resident. Startups raising from April 2024 onwards have no angel-tax exposure.

PeriodAngel-tax position
Before 1 Apr 202456(2)(viib) applied to shares issued above FMV; DPIIT startups had a conditional exemption
From 1 Apr 2024Abolished — 56(2)(viib) deleted; no tax on share premium for any investor
Investor relief

Section 54GB — LTCG Relief for Startup Investors

Section 54GB lets an individual or HUF exempt long-term capital gains on the sale of a residential property by reinvesting into equity shares of an eligible startup.

  • Invest at least 50% of the net consideration in the startup’s equity shares.
  • Reinvest within the due date for filing the return of the year of transfer.
  • The startup uses the funds to buy a new asset within 1 year of subscription.
  • Hold the startup shares (and the startup its new asset) for at least 5 years.
  • The startup must be DPIIT-recognised with turnover under ₹100 crore.

Raising angel or seed funding this year?

Fundraising Tax Check →
Protect your losses

Loss Carry-Forward & MAT for Startups

Normally Section 79 forfeits carried-forward losses if more than 49% of the beneficial shareholding changes — a real risk for startups that dilute founders across funding rounds. DPIIT-recognised startups get a relaxation: losses survive the shareholding change so long as the original shareholders continue to hold their shares. Business losses carry forward for up to 8 years.

You keep your losses if

  • You are DPIIT-recognised
  • Original loss-year shareholders still hold their shares
  • You file returns on time each year

Watch out when

  • You are not DPIIT-recognised (plain Section 79 applies)
  • Founders fully exit in a funding round
  • Returns are filed late — loss carry-forward can be denied
TaxClue Insight

Sequence the benefits: don’t burn your 3-year 80-IAC holiday on loss-making early years. Carry losses forward, and elect the holiday for the first genuinely profitable stretch inside the 10-year window — while banking MAT credit for later.

Government sourcesIncome-tax Act & rules: incometax.gov.in · Startup India / DPIIT & IMB: startupindia.gov.in · 80-IAC window extended to 1 Apr 2030: Union Budget 2025-26 · Angel tax removal: Finance (No. 2) Act 2024, w.e.f. 1 Apr 2024
People also ask

Startup Income Tax — FAQs

80-IAC Tax Holiday
What is the income tax exemption for startups in India?
A DPIIT-recognised startup can claim a 100% deduction of its eligible-business profits under Section 80-IAC for any 3 consecutive assessment years within the first 10 years from incorporation. This means zero regular income tax on profits for those 3 chosen years. The startup must also be certified by the Inter-Ministerial Board (IMB) and have turnover not exceeding ₹100 crore. Minimum Alternate Tax at 15% on book profit still applies.
How do I claim the Section 80-IAC deduction?
First get DPIIT recognition through the Startup India portal, then apply to the Inter-Ministerial Board (IMB) for 80-IAC certification. Once certified, claim the 100% profit deduction in your income tax return (ITR-6 for a company) for any 3 consecutive years you choose within the first 10 years from incorporation. Retain the DPIIT recognition certificate and the IMB approval letter as evidence.
Until when can a startup be incorporated to claim 80-IAC?
Budget 2025 extended the Section 80-IAC eligibility window. A startup must now be incorporated on or after 1 April 2016 and before 1 April 2030 to be eligible to apply for the 3-year tax holiday, subject to DPIIT recognition, IMB certification and the ₹100 crore turnover cap.
Which entities qualify for the startup tax holiday?
Only a private limited company or an LLP can claim the 80-IAC deduction. A partnership firm or a proprietorship is not eligible. The entity must be DPIIT-recognised, work on innovation/improvement of products, processes or a scalable model, have turnover under ₹100 crore in any year since incorporation, and not be formed by splitting up or reconstructing an existing business.
Does the tax holiday exempt a startup from MAT?
No. Even during the 80-IAC holiday, a company with accounting (book) profit must pay Minimum Alternate Tax at 15% under Section 115JB. 80-IAC only removes the regular income tax, not MAT. The MAT paid becomes a credit that can be carried forward for up to 15 years and set off against regular tax once the holiday is over.
DPIIT & Eligibility
What is DPIIT recognition and how do I get it?
DPIIT (Department for Promotion of Industry and Internal Trade) recognition is the official Startup India certification that classifies a business as a startup. To qualify: incorporate as a company or LLP after 1 April 2016; keep turnover under ₹100 crore in any financial year; work on innovation or a scalable model; and not be formed by splitting up or reconstruction. Apply on the Startup India portal (startupindia.gov.in) with incorporation documents and a short description of your innovative product or service.
Is DPIIT recognition the same as the 80-IAC tax exemption?
No. DPIIT recognition is the first step and is required for most startup benefits, but the 80-IAC tax holiday needs a further approval from the Inter-Ministerial Board (IMB). Many startups are DPIIT-recognised for benefits like angel-tax comfort and self-certification but never apply for or receive the separate 80-IAC/IMB certificate.
ESOP Tax
When is ESOP tax paid by startup employees?
For employees of an eligible DPIIT-recognised startup, the perquisite tax on ESOPs is deferred (under the Finance Act 2020 change) to the earliest of three events: sale of the shares, 5 years from the date of exercise, or the employee leaving the company. Before this change, tax was due at exercise even without any cash realisation, which the deferral fixes.
How are ESOPs taxed — as salary or capital gains?
In two stages. At the trigger event, the perquisite (fair market value on the exercise date minus the exercise price) is taxed as salary income at your slab rate. Later, when you actually sell the shares, any further gain over that FMV is taxed separately as capital gains — short-term or long-term depending on your holding period.
Angel Tax & Funding
Has angel tax been removed?
Yes. Budget 2024 (Finance Act 2024) abolished angel tax by deleting Section 56(2)(viib), effective 1 April 2024 (AY 2025-26 onwards). The premium a startup receives on shares issued above fair market value is no longer taxed as income from other sources, and the removal applies to both resident and non-resident investors. Startups raising funds from April 2024 onwards have no angel-tax exposure.
What was angel tax before it was abolished?
Angel tax was the tax under Section 56(2)(viib) on the share premium a closely held company received above the fair market value of its shares. For example, issuing shares at ₹1,000 when FMV was ₹400 made the ₹600 premium taxable as income of the startup. DPIIT-recognised startups had a conditional administrative exemption before the provision was scrapped from 1 April 2024.
What is the Section 54GB exemption for startup investors?
Section 54GB lets an individual or HUF exempt long-term capital gains on the sale of a residential property if they reinvest at least 50% of the net consideration into equity shares of an eligible DPIIT-recognised startup (turnover under ₹100 crore). The reinvestment must be made by the return due date, the startup must buy a new asset within a year, and the shares and asset must be held for at least 5 years.
Losses & Compliance
Can a startup carry forward losses even if shareholding changes?
Yes. Normally Section 79 blocks loss carry-forward when more than 49% of the beneficial shareholding changes, but DPIIT-recognised startups get a relaxation: losses can be carried forward despite a change in shareholding, provided the shareholders who held shares on the last day of the loss year continue to hold them. This protects loss carry-forward through dilutive funding rounds. Business losses carry forward for up to 8 years.
Which ITR does a startup file?
A private limited company startup files ITR-6 (companies not claiming exemption under Section 11), and an LLP files ITR-5. The 80-IAC deduction, MAT computation and loss carry-forward are all reported in that return. Returns must be filed on time — late filing can cost you the right to carry forward losses.
Do startups have to pay income tax if they make losses?
A startup with no book profit generally has no regular tax and no MAT, and its losses can be carried forward (up to 8 years for business losses) to set off against future profits — with the DPIIT relaxation from Section 79 protecting those losses through funding rounds. However, once it has book profit, MAT at 15% can apply even during the 80-IAC holiday.
Should a startup choose the new or old tax regime?
A company startup is taxed under corporate rates (with concessional 22%/15% options under Sections 115BAA/115BAB) rather than the individual slab regime, so the new-vs-old personal regime does not apply to it. The new-vs-old regime choice matters for startup founders and employees on their personal salary income — use the old-vs-new regime calculator to compare.
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