Startup India

Section 80-IAC Tax Exemption for Startups: What It Really Saves in 2026

BharathInCorp12 min read
Short answer

Section 80-IAC, now Section 140 of the Income-tax Act, 2025, lets a DPIIT-recognised Private Limited Company or LLP incorporated between April 2016 and March 2030 deduct 100% of its profits for any 3 consecutive years out of its first 10. It needs a separate certificate from the Inter-Ministerial Board, and companies still pay 14% MAT on book profits.

On this page 12 sections
  1. Most Startups That Could Claim This Never Do
  2. What Is the Section 80-IAC Tax Exemption?
  3. The Numbers at a Glance
  4. Who Is Eligible?
  5. What It Actually Saves: A Worked Example
  6. What Goes Wrong
  7. When You Should NOT Chase 80-IAC
  8. How to Apply, Step by Step
  9. What Changed
  10. Frequently Asked Questions
  11. Apply With a Business Case the Board Can Approve
  12. Primary Sources

Last verified: 24 October 2026.

Most Startups That Could Claim This Never Do

India had more than 2.23 lakh DPIIT-recognised startups on 31 March 2026, including over 14,830 in Tamil Nadu.

Only about 3,700 startups had been granted the Section 80-IAC tax exemption by May 2025.

That is fewer than 2 in every 100.

Some never apply because they assume DPIIT recognition already gives them the tax holiday. It does not. Others apply with a weak business case and are rejected. And many who are approved discover a second surprise when they file: a "tax holiday" that still sends a tax bill.

This article explains what the exemption actually is, who qualifies, what it saves in rupees, and when it is not worth chasing.

1. What Is the Section 80-IAC Tax Exemption?

Section 80-IAC of the Income-tax Act, 1961 allows an eligible startup to deduct 100% of the profits from its eligible business while calculating taxable income.

From 1 April 2026, the Income-tax Act, 2025 replaced the 1961 Act. The same deduction now sits in Section 140 of the new Act, titled "Special provision in respect of specified business". Most founders and advisers still call it 80-IAC, and so does the Startup India portal.

The deduction is available for any three consecutive years that you choose, out of the first ten years from incorporation. You do not have to use the first three years. Most startups are loss-making early on, so the smart choice is usually to save the window for your first genuinely profitable years.

For the financial year 2025-26, the claim is still made under Section 80-IAC of the 1961 Act. From tax year 2026-27 onwards, it is made under Section 140.

2. The Numbers at a Glance

ItemFigure
Deduction100% of profits of the eligible business
Period3 consecutive years, chosen from the first 10 years after incorporation
Eligible entitiesPrivate Limited Company or LLP only
Incorporation windowOn or after 1 April 2016 and before 1 April 2030
Turnover limit₹100 crore in the claim year under Section 80-IAC. DPIIT's May 2026 Tax Playbook states ₹300 crore for Section 140; confirm for your claim year
Approval neededDPIIT recognition plus a certificate from the Inter-Ministerial Board
MAT for companies14% of book profit from 1 April 2026, final, no credit
AMT for LLPs18.5% of adjusted total income
IMB review timeWithin 120 days for a complete application (DPIIT, May 2025)
Startups approved so farAbout 3,700 (May 2025)
BharathInCorp fee₹29,999 + GST

3. Who Is Eligible?

To claim the deduction, your business must meet every one of these conditions.

  1. It is a Private Limited Company or an LLP. Sole proprietorships, partnership firms and cooperative societies cannot claim it. A cooperative society can now hold DPIIT recognition, but that does not make it eligible for this deduction.
  2. It was incorporated on or after 1 April 2016 and before 1 April 2030. The original deadline was 1 April 2025. The Finance Act, 2025 extended it by five years.
  3. It holds DPIIT recognition. Under the revised definition notified on 4 February 2026 (G.S.R. 108(E)), an entity is a startup for up to 10 years from incorporation, as long as its turnover has never crossed ₹200 crore in any year.
  4. It holds a certificate of eligible business from the Inter-Ministerial Board. This is a separate application, decided by a board rather than a portal. Under the 2019 Gazette notification G.S.R. 127(E), the board is chaired by a Joint Secretary of DPIIT, with representatives of the Department of Biotechnology and the Department of Science and Technology.
  5. Its turnover is within the limit in the year you claim. Section 80-IAC set this at ₹100 crore. DPIIT's Tax Playbook of May 2026 states ₹300 crore for Section 140, but the Startup India scheme page does not state a figure, so confirm the limit for your claim year before relying on the higher number.
  6. It is engaged in an eligible business. The law describes this as innovation, development or improvement of products, processes or services, or a scalable business model with high potential for employment or wealth creation.
  7. It was not formed by splitting up or reconstructing an existing business.
  8. It was not formed by transferring used plant and machinery, beyond 20% of the total value of plant and machinery used in the business.

Condition 7 catches more Tamil Nadu businesses than any other. We cover it in the "when not to" section below.

4. What It Actually Saves: A Worked Example

Many articles describe 80-IAC as "three years of zero tax". For a company, that has not been true for a long time, and from April 2026 the gap matters more.

Here is why. Section 140 reduces your taxable income to nil. But Minimum Alternate Tax is calculated on book profit, the profit in your audited accounts. Book profit does not change because of this deduction. So MAT still applies.

From 1 April 2026, the Finance Act, 2026 cut the MAT rate from 15% to 14%. It also made MAT a final tax for companies in the regular regime. Until March 2026, MAT paid in a tax holiday year could be carried forward as a credit and used later. MAT paid from tax year 2026-27 onwards generates no new credit.

Consider a Coimbatore software company that earns ₹80 lakh in profit in a year, with book profit equal to taxable profit.

ScenarioHow tax is worked outTax payable
Concessional regime, no 80-IAC22% + 10% surcharge + 4% cess = 25.168%₹20,13,440
Section 140 deduction claimedNormal tax nil, MAT at 14% + 4% cess = 14.56%₹11,64,800
Saving per year₹8,48,640
Saving over 3 years (same profit each year)₹25,45,920
Swipe to see all columns →

That is still a meaningful saving. It is just not the ₹20 lakh a year that "zero tax" suggests.

For an LLP with the same ₹80 lakh profit, normal tax would be 31.2% (₹24,96,000). With the deduction, Alternate Minimum Tax applies at 18.5% plus 4% cess, which is 19.24% (₹15,39,200). The saving is ₹9,56,800 a year.

These figures assume profit below ₹1 crore, where no surcharge applies to MAT or AMT. Above that, surcharges apply and the numbers change.

5. What Goes Wrong

Assuming DPIIT recognition gives you the tax holiday

It does not. The DPIIT Tax Playbook of May 2026 says recognition does not automatically entitle a startup to any benefit. Each incentive is a separate application. Recognition is the entry ticket. The IMB certificate is what unlocks the deduction.

Filing a weak application

The board is not checking boxes. It is judging whether your business is genuinely innovative or scalable.

An analysis of IMB meeting minutes by XKDR Forum (September 2024) looked at 715 rejections between 2016 and 2023. The main reasons were:

Rejection reasonShare of rejections
Incorporated before 1 April 201651.2%
No reason recorded19.7%
Grounds not prescribed under Section 80-IAC14.7%
No proof of innovation, scalability or wealth creation12.7%
Reconstruction of an existing business1.7%

Approval rates have improved sharply since 2019, but a vague description like "we provide IT services to SMEs" still invites a rejection or a query. The board wants to see what is new about the product, who pays for it, and how it grows.

There is no statutory appeal if you are rejected. The options are to reapply with a stronger case or to go to the High Court.

Using the three years in the wrong years

Your three years must be consecutive. Once you claim the first year, the next two are fixed. Claiming in a year with ₹5 lakh of profit, when you expect ₹1 crore two years later, wastes most of the benefit.

Filing the return late

Under Section 80AC of the 1961 Act, this deduction was allowed only if the return was filed by the due date, which is 31 October for companies that need an audit. Assume the same discipline under the new Act. A late return can cost you the entire year's deduction.

Missing the audit report

The claim must be supported by an audit report from a chartered accountant in the prescribed form (Form 10CCB under the old rules), filed with the return.

Crossing the turnover limit in a claim year

The turnover test applies to each year you claim. A fast-growing company should check its projections before choosing its three years.

6. When You Should NOT Chase 80-IAC

7. How to Apply, Step by Step

  1. Incorporate as a Private Limited Company or LLP, if you have not already. A Private Limited Company is usually the better fit if you plan to raise funding.
  2. Get DPIIT recognition on the National Single Window System. See our DPIIT recognition guide.
  3. Prepare your business case. Explain the innovation, the market, the revenue model and the growth plan.
  4. Collect the documents for Form-1, the official application under G.S.R. 127(E): your Memorandum of Association (or LLP deed), a board resolution where applicable, annual accounts for the last three financial years and income tax returns for the last three financial years. The form asks for the accounts and returns "if applicable", so a company younger than three years submits what it has.
  5. Apply for the IMB certificate using the Section 80-IAC form on the Startup India portal, and track it from your dashboard. Form-1 asks for your PAN, incorporation number, business location, nature of business and existing or proposed activities, so the business description does most of the persuading.
  6. Answer board queries promptly. A complete application is reviewed within 120 days.
  7. Receive the certificate of eligible business.
  8. Choose your three years and claim the deduction in your return for each of them, with the audit report, by the due date.

8. What Changed

9. Frequently Asked Questions

Is Section 80-IAC still available after the new Income-tax Act?

Yes. From 1 April 2026 it is Section 140 of the Income-tax Act, 2025, on broadly the same conditions. Claims for the financial year 2025-26 are still made under Section 80-IAC.

Does DPIIT recognition automatically give me the tax exemption?

No. You need a separate certificate of eligible business from the Inter-Ministerial Board. Recognition only makes you eligible to apply.

Can a sole proprietorship or partnership firm claim 80-IAC?

No. Only Private Limited Companies and LLPs qualify. A partnership firm can hold DPIIT recognition but cannot claim this deduction.

Do I pay zero tax during the three years?

Not if you are a company. Minimum Alternate Tax applies at 14% of book profit from 1 April 2026, and it is now a final tax with no credit. LLPs pay Alternate Minimum Tax at 18.5% of adjusted total income.

Which three years should I choose?

Any three consecutive years within the first ten years from incorporation. Most startups should choose their first three strongly profitable years, since the years run back to back once you start.

How long does IMB approval take?

DPIIT has said complete applications are reviewed within 120 days. Incomplete applications and board queries can take longer.

What if my application is rejected?

There is no statutory appeal. You can strengthen your business case and reapply, or approach the High Court in a suitable case.

How much does BharathInCorp charge for the 80-IAC application?

₹29,999 + GST. It covers the eligibility review, the business case and pitch deck for the board, the application, query responses and tracking until the certificate is issued. If you do not hold DPIIT recognition yet, we handle that first.

Apply With a Business Case the Board Can Approve

The tax saving from Section 140 is real. On ₹80 lakh of yearly profit, it is about ₹25 lakh over three years for a company. But it depends on a certificate that most recognised startups never get.

Before you apply, we check your eligibility against every condition above and tell you honestly whether your case is strong. If it is not, we will say so before you pay.

80-IAC Tax Exemption
Tax relief subject to eligibility and approval.
₹29,999+ GST
WhatsApp usDetails

Primary Sources

  • Income-tax Act, 1961, Section 80-IAC, as amended by the Finance Act, 2025 (Income Tax Department)
  • Income-tax Act, 2025, Section 140 (deduction for eligible start-ups) and the Finance Act, 2026 (MAT rate and credit)
  • Startup India, Startup India Scheme page, last updated 14 September 2026 (Startup India)
  • DPIIT, Tax Playbook for Startup Ecosystem, May 2026 (Startup India)
  • Ministry of Commerce and Industry, Gazette notification G.S.R. 127(E) dated 19 February 2019 (startup definition, Inter-Ministerial Board and Form-1)
  • Ministry of Commerce and Industry notification G.S.R. 108(E) dated 4 February 2026 (revised startup definition)
  • Ministry of Commerce and Industry statements on IMB approvals (May 2025) and recognised startups (April 2026)
  • XKDR Forum, analysis of Inter-Ministerial Board minutes, September 2024

Disclaimer: This article is general information, not tax advice. Tax rates, surcharges and eligibility depend on your facts and the law in force for the year of the claim. Speak to a qualified professional before choosing your tax regime or claim years.

Written by BharathInCorp

BharathInCorp is a Chennai-based business registration and compliance team working with founders across Tamil Nadu. This article was last updated on 24 Oct 2026. Rules change, so check the date before you rely on any figure.

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