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ITA 1961 → DTC 2025Corporate Taxation

Section 115QA Section 138

Tax on distributed income to shareholders (Buyback Tax)

RetainedCritical - Completely alters the corporate strategy of returning cash via share buybacks vs dividends.

Quick Answer

Section 115QA of the Income Tax Act, 1961 (Tax on distributed income to shareholders (Buyback Tax)) corresponds to Section 138 of the Direct Tax Code 2025 (Income-tax Act, 2025), effective 1st April 2026. Status: Retained.

Old Law (ITA 1961)Ch: XII-DA

Sec 115QA

Provision Summary

Domestic companies pay a flat 20% tax on the distributed income (buyback price minus issue price) during share buybacks. Exempt for shareholders.

New Law (DTC 2025)Ch: XI

Sec 138

Provision Summary

Retained but structurally changed. The buyback proceeds are now treated as dividend income and taxed in the hands of the shareholder at slab rates, effectively nullifying the company-level 20% tax.

Key Changes & Highlights

  • Taxation moved from company to shareholder to align with dividend taxation rules.

Related Sections

Frequently Asked Questions

What does Section 115QA of the Income Tax Act 1961 deal with?

Section 115QA (Tax on distributed income to shareholders (Buyback Tax)) Domestic companies pay a flat 20% tax on the distributed income (buyback price minus issue price) during share buybacks. Exempt for shareholders.

What is the new section number for Section 115QA under the Direct Tax Code 2025?

Section 115QA of the ITA 1961 maps to Section 138 of the Direct Tax Code 2025 (Income-tax Act, 2025), effective from 1st April 2026.

What is the status of Section 115QA under the new tax code?

Section 115QA is marked as "Retained" with status "Modified". Impact: Critical - Completely alters the corporate strategy of returning cash via share buybacks vs dividends.

What are the key changes to Section 115QA under DTC 2025?

Taxation moved from company to shareholder to align with dividend taxation rules.

Disclaimer: This page is for educational and reference purposes only. Section mappings are based on publicly available drafts and circulars. Always consult a qualified Chartered Accountant before filing or making compliance decisions under the Direct Tax Code 2025.

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