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Income-tax Act, 2025 | Section 214

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

The rate follows only after sections 212 and 213 classification. Treaty and other specific capital-gain provisions may also require review.

Reviewed by CA Nikhil Gupta · Updated 9 October 2026

Section 214: operativeEffective 1 April 2026Tax Year 2026-27 onwardLegally reviewed 8 October 2026

Current law and effective date

Section 214 is controlled against the consolidated Income-tax Act, 2025 as amended by the Finance Act, 2026. The Act and Income-tax Rules, 2026 operate from 1 April 2026; earlier tax years and saved proceedings require the repeal-and-savings framework rather than automatic migration.

Primary statute: Income Tax Department consolidated Act   |   Rules: Notified Income-tax Rules, 2026

2-minute decode

The rate follows only after sections 212 and 213 classification. Treaty and other specific capital-gain provisions may also require review.

Who should use this section

Non-residents, foreign companies, funds, trusts, business trusts, investment vehicles and their advisers when receipts or distributions can fall within the special computation or rate architecture of section 214.

How section 214 works in practice

Section 214 sits in Chapter 13 (Determination of Tax in Special Cases) and should be read as a connected rule rather than an isolated label. The practical question is whether the facts actually satisfy the trigger for “Tax on investment income and long-term capital gains”. For section 214, begin by characterising the person, instrument and receipt before applying a rate. In a section 214 file, residence, treaty entitlement, beneficial ownership, source, permanent-establishment nexus, foreign-currency acquisition, fund/trust status and distribution reporting can move the same cash receipt into different tax buckets. The section 214 computation should therefore be reconciled to withholding and return reporting rather than prepared in isolation. The operating controls are: Verify section 212 definitions; Apply section 213 deduction restrictions; Compare treaty and domestic outcomes where relevant. A reviewer should record why verify section 212 definitions., because that conclusion drives the downstream computation, reporting or procedural consequence.

Old-law bridge

section 115E

The old-law bridge is a research aid, not an automatic precedent transfer. Match the old provision, the current section, saved proceedings and effective dates before importing an older interpretation.

Current-law control

No separate Finance Act 2026 delta is recorded for section 214 in the current-law register. The page therefore follows the consolidated Act wording and the current Rules mapping, with the official consolidated statute controlling if a later notification or amendment affects the provision.

Professional alert

Verify section 212 definitions. Apply section 213 deduction restrictions. Compare treaty and domestic outcomes where relevant.

Connected Income-tax Rules, 2026 and Forms

RuleCurrent controlForm
No provision-specific Rule/Form is directly mapped in this tranche. Apply the section itself and test any separate Rule only where another provision expressly cross-refers to it.

Worked application

An NRI earns ₹2 lakh qualifying investment income and ₹4 lakh qualifying LTCG. Compute separate 20% and 12.5% buckets before ordinary income.

Evidence / compliance checklist

  • Verify section 212 definitions.
  • Apply section 213 deduction restrictions.
  • Compare treaty and domestic outcomes where relevant.
  • Preserve residence/treaty and beneficial-ownership evidence relevant to section 214.
  • Reconcile gross receipts, withholding certificates and return disclosure for section 214.
  • Keep instrument, acquisition-currency and distribution records where section 214 depends on them.

Common mistake

Applying the domestic special rate in section 214 without first testing character, source and treaty interaction. For section 214, the 1961 Act bridge helps research, but the current 2025 Act wording and section 159 treaty comparison control the final position.

Recommended approach

For section 214, create a one-page legal-to-evidence matrix. For section 214, put the current statutory condition in the first column, the transaction or procedural fact in the second, the supporting document in the third, and the tax/procedural consequence in the fourth. The first checkpoint should be: Verify section 212 definitions. This section 214 matrix makes reviewable differences visible before a return, opinion, notice response or litigation position is finalised.

Thresholds, rates, periods and timing checkpoints

Related provisions and interaction map

Section 214 interacts with residence/source rules, section 159 treaty relief, withholding, return obligations and the legal character of the receipt or distribution. Where section 214 uses a trust/fund statement, the payor and recipient records should reconcile to the same tax bucket.

Direct navigation / cross-checks: section 213, section 212, section 215

Validated statutory core - official current source controlled

Text-status note: This page presents a validated operative statutory core rather than pretending a summary is verbatim law. Use the linked official consolidated Act before quoting sub-section language in a filing, opinion or litigation document.

For a non-resident Indian, investment income from foreign exchange assets is taxed at 20%, long-term capital gains on specified assets at 12.5%, and remaining income at rates in force.

Primary-source trail

Statute: Income-tax Act, 2025 as amended by Finance Act, 2026

Rules: Income-tax Rules, 2026

Law navigation: Income Tax Department 2025 Act / Rules hub

Quoting note: The official consolidated Act controls verbatim legislative language.

FAQs

Does an old Income-tax Act, 1961 decision automatically decide section 214?

No. The old-law bridge helps research, but transferability depends on materially matching language, transition rules and any Finance Act 2026 change.

Which source should be quoted in advice or litigation?

Quote the official consolidated statute for the relevant tax year. Where this page presents a validated statutory core rather than complete verbatim text, use the official Act for sub-section wording.

What should be checked immediately before acting?

Re-check the current statutory text, the section-specific Rule/Form mapping and any notification or court order relevant to the exact facts. Section 214 should not be applied from a historic section number or a generic tax summary alone.

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