Critical Decision: The choice between Section 115BAA (22%), Section 115BAB (15%), and the general regime (30%) can save your company ₹2-10 lakhs annually. This decision must be made at incorporation and is irreversible for 10 consecutive AYs (assessed years). Consult a CA before choosing.
Corporate Tax Rate Structure in India (FY 2026-27)
Here's a quick visual comparison of all three corporate tax options:
Detailed Explanation of Each Regime
Section 115BAA: The 22% Regime (Most Common)
What is it? A corporate tax rate of 22% + surcharge + 4% H&E cess, giving an effective rate of ~25.17%. Available to any domestic company that opts OUT of specific exemptions.
Eligibility: Any domestic company incorporated at any time.
The Trade-off:
- ✓ Lowest rate among all regimes (except Section 115BAB)
- ✓ Simplifies compliance (no exemption claims)
- ✓ Irreversible for 10 consecutive AYs — no going back
- ✗ Cannot claim exemptions under Sections 80IC (SEZ), 80IE (Infrastructure), 80IA (Industrial)
- ✗ Cannot carry forward MAT credit from prior years
Surcharge on 115BAA (as of FY 2026-27):
| Net Income | Surcharge % | Total Effective Rate |
|---|---|---|
| < ₹1 Crore | 7% | 22% × 1.07 × 1.04 = 25.17% |
| ₹1-10 Crore | 12% | 22% × 1.12 × 1.04 = 25.61% |
| > ₹10 Crore | 15% | 22% × 1.15 × 1.04 = 26.31% |
(Note: 4% H&E cess applies on tax + surcharge)
Example calculation (net income ₹50 lakhs):
Net Profit: ₹50,00,000
Tax @ 22%: ₹11,00,000
Surcharge @ 7%: ₹77,000
Tax + Surcharge: ₹11,77,000
H&E Cess @ 4%: ₹47,080
Total Tax: ₹12,24,080
Effective rate: 24.48%
Best for:
- IT/ITES companies (no SEZ exemption)
- Service providers
- Consulting firms
- Manufacturing without exemption benefit
- Most domestic companies (default option)
Section 115BAB: The 15% Regime (New Manufacturing)
What is it? A 15% tax rate available exclusively to new manufacturing companies. This is the lowest corporate tax rate in India.
Eligibility (strict conditions):
- Company must be incorporated on or after October 1, 2019
- Business must be manufacturing (not trading, services, or finance)
- Production must have commenced by March 31, 2023 (deadline may be extended; verify current status)
The 15% rate vs 22%:
- Saving: 7 percentage points = ₹3.5 lakhs per ₹50 lakh profit
- Effective rate after surcharge/cess: ~17.67%
- Critical: This option is irreversible for 10 AYs
Surcharge on 115BAB (as of FY 2026-27):
| Net Income | Surcharge % | Total Effective Rate |
|---|---|---|
| < ₹1 Crore | 7% | 15% × 1.07 × 1.04 = 16.64% |
| ₹1-10 Crore | 12% | 15% × 1.12 × 1.04 = 17.47% |
| > ₹10 Crore | 15% | 15% × 1.15 × 1.04 = 17.94% |
Example calculation (net income ₹50 lakhs):
Net Profit: ₹50,00,000
Tax @ 15%: ₹7,50,000
Surcharge @ 7%: ₹52,500
Tax + Surcharge: ₹8,02,500
H&E Cess @ 4%: ₹32,100
Total Tax: ₹8,34,600
Effective rate: 16.69%
Saving vs 115BAA: ₹3,89,480 annually!
Eligible manufacturing sectors:
- ✓ Electronics (PLI scheme priority)
- ✓ Semiconductors
- ✓ EVs and batteries
- ✓ Renewable energy (solar panels, wind turbines)
- ✓ Pharmaceutical
- ✓ Engineering goods
- ✓ Textiles
- ✓ Steel (excluding trading)
Not eligible:
- ✗ Trading of goods (even if manufacturer-authorized distributor)
- ✗ Service providers
- ✗ Finance/insurance
- ✗ E-commerce (unless also manufacturing)
Critical timeline check: As of June 2026, verify production deadline extension via CBDT notification.
General Regime: 30% + Exemptions
What is it? The default 30% tax rate available to companies claiming exemptions under Sections 80IC, 80IE, 80IA, 80IAC, etc.
Eligibility: Any company, anytime. No restrictions.
Surcharge (General Regime):
| Net Income | Surcharge % | Total Effective Rate |
|---|---|---|
| < ₹1 Crore | 7% | 30% × 1.07 × 1.04 = 33.24% |
| ₹1-10 Crore | 12% | 30% × 1.12 × 1.04 = 34.944% |
| > ₹10 Crore | 15% | 30% × 1.15 × 1.04 = 35.88% |
Key exemptions available (only in general regime, not 115BAA/BAB):
| Section | Exemption | Applicability |
|---|---|---|
| 80IC | SEZ | Unit operating in Special Economic Zone |
| 80IE | Infrastructure | Specified infrastructure projects |
| 80IA | Industrial | Specified industrial undertakings |
| 80IAC | Startup/hub | Startups, renewable energy hubs |
| 80-IA/IE/IAC | Combined | Can claim if eligible |
MAT (Minimum Alternate Tax) — Only under general regime:
If your company has high deductions (depreciation, exemptions) and low taxable income, MAT applies:
- Rate: 15% on book profit (per Schedule VI financial statements)
- Only applies if MAT > regular income tax
- Benefit: Can carry forward MAT credit for 15 years
Example (SEZ manufacturing company):
Gross Profit: ₹1,00,00,000
Less Depreciation, deductions: ₹80,00,000
Taxable Income: ₹20,00,000
Tax @ 30%: ₹6,00,000
Book Profit (Schedule VI): ₹30,00,000
MAT @ 15%: ₹4,50,000
Whichever is higher applies: ₹6,00,000 (regular tax)
MAT credit available: ₹4,50,000 (carry forward)
How to Choose the Right Regime: Decision Matrix
Worked Examples: 115BAA vs 115BAB vs General
Scenario 1: IT Services Company (₹2 crore profit)
Company: Incorporated 2024, IT consulting (no manufacturing), no exemptions
Option A: Section 115BAA (22%)
Net Profit: ₹2,00,00,000
Tax @ 22%: ₹44,00,000
Surcharge @ 12% (on tax): ₹5,28,000
Tax + Surcharge: ₹49,28,000
H&E Cess @ 4%: ₹1,97,120
TOTAL TAX: ₹51,25,120
Effective rate: 25.63%
Option B: Section 115BAB — NOT ELIGIBLE (not manufacturing)
Option C: General Regime (30%) — WORSE than 115BAA
Tax: ₹30,00,000 + surcharge ₹3,60,000 + cess = ₹37,44,000
Effective rate: 34.94%
✓ Recommendation: Section 115BAA (only eligible option, saves ₹6,18,880 vs general)
Scenario 2: EV Battery Manufacturing (₹2 crore profit)
Company: Incorporated 2021, battery manufacturing, production in 2022, no exemptions
Option A: Section 115BAA (22%)
TOTAL TAX: ₹51,25,120 (same as above)
Effective rate: 25.63%
Option B: Section 115BAB (15%) — ELIGIBLE ✓
Net Profit: ₹2,00,00,000
Tax @ 15%: ₹30,00,000
Surcharge @ 12%: ₹3,60,000
Tax + Surcharge: ₹33,60,000
H&E Cess @ 4%: ₹1,34,400
TOTAL TAX: ₹34,94,400
Effective rate: 17.47%
SAVING: ₹16,30,720 annually! (7.16% savings)
Option C: General Regime — WORSE
✓ Recommendation: Section 115BAB (immediate saving of ₹16+ lakhs/year for 10 years = ₹1.6+ crore total)
Scenario 3: SEZ Manufacturing Company (₹2 crore profit)
Company: Incorporated 2015, manufacturing in SEZ, claiming 80IC exemption
Option A: Section 115BAA — NOT RECOMMENDED
Tax: ₹51,25,120
(Cannot claim 80IC exemption benefit; wasted advantage)
Option B: Section 115BAB — NOT ELIGIBLE (incorporated before Oct 2019)
Option C: General Regime (30%) with 80IC Exemption — BEST
Gross Profit: ₹3,00,00,000 (assume)
Less 80IC deduction: ₹1,00,00,000 (per exemption rules)
Taxable Income: ₹2,00,00,000
Tax @ 30%: ₹60,00,000
Surcharge @ 12%: ₹7,20,000
Tax + Surcharge: ₹67,20,000
H&E Cess @ 4%: ₹2,68,800
TOTAL TAX: ₹69,88,800
Effective rate: 24.99% (after exemption benefit)
Effective rate WITHOUT exemption (115BAA): 25.63%
Effective rate WITH exemption (General): 24.99%
SAVING with exemption: ₹1,36,320
✓ Recommendation: General Regime (claim 80IC exemption to reduce effective rate below 115BAA)
Foreign Company Tax Rate
If your parent/subsidiary is a foreign company operating in India:
Tax Rate: 40% + surcharge + 4% H&E cess = ~44% effective rate
| Net Income | Surcharge % | Effective Rate |
|---|---|---|
| < ₹1 Crore | 2% | 40% × 1.02 × 1.04 = 42.85% |
| ₹1-10 Crore | 5% | 40% × 1.05 × 1.04 = 43.68% |
| > ₹10 Crore | 10% | 40% × 1.10 × 1.04 = 45.76% |
Foreign company = incorporated outside India, earning India-source income
Key points:
- ✗ Higher rate than domestic (40% vs 22%)
- ✗ Cannot opt for 115BAA or 115BAB
- ✗ Must file ITR-4 (company return)
- ✓ Eligible for deductions under sections 80IA/80IE if criteria met
FAQ
Source Attribution
This guide is based on:
- Finance Act 2020, 2023, 2024, 2025 — Sections 115BAA and 115BAB
- CBDT Notifications & Circulars — gst.gov.in and cbdt.gov.in
- Schedule VI (Accounting Standards) — MAT book profit calculation
- RBI Regulations — Foreign company tax compliance
- ICAI Guidelines — Corporate tax rate amendments