Legal and Practical Perspectives on the Taxation of Carbon Credit Transfers : Clause 194 (Table: S. No. 3) of the Income Tax Bill, 2025 Vs. Section 115BBG of the Income-tax Act, 1961

Clause 194 Tax on certain incomes.

Income Tax Bill, 2025

Introduction

Clause 194 of the Income Tax Bill, 2025, as set out in the provided document, introduces a consolidated regime for the taxation of certain specified incomes. The table under Clause 194 enumerates various categories of income and prescribes special tax rates and conditions for each. Of particular interest for this commentary is Serial No. 3 of the table, which deals with the taxation of income arising from the transfer of carbon credits. This provision is to be analyzed in detail and compared with the existing Section 115BBG of the Income-tax Act, 1961, which currently governs the taxation of such income.

The analysis aims to provide a comprehensive understanding of the legislative intent, detailed breakdown of the provision, its practical implications, and a comparative study highlighting the similarities, differences, and potential implications for taxpayers and the administration.

Objective and Purpose

The primary objective of both Clause 194 (Table: S. No. 3) of the Income Tax Bill, 2025, and Section 115BBG of the Income-tax Act, 1961, is to provide a clear, concessional, and uniform tax regime for income derived from the transfer of carbon credits. The policy rationale behind these provisions is twofold:

• Clarity and Uniformity: By specifying a flat rate and disallowing deductions, the legislature intends to avoid ambiguity in the tax treatment of carbon credit transactions, which could otherwise be subject to varying interpretations and litigation.
• Incentivization of Green Initiatives: By taxing such income at a concessional rate (10%), the law seeks to encourage businesses and individuals to undertake environmentally beneficial projects that generate tradable carbon credits, aligning with India's commitments to climate change mitigation.

The inclusion of a definition for "carbon credit" that is aligned with international standards (i.e., validation by the United Nations Framework on Climate Change) further ensures that the provision targets genuine, globally recognized carbon offset activities.

Detailed Analysis of Clause 194 (Table: S. No. 3) of the Income Tax Bill, 2025

1. Structure and Mechanics of Taxation

Clause 194(1) establishes a self-contained code for the taxation of specified incomes, overriding other provisions of the Act. For income from the transfer of carbon credits (Sl. No. 3), the following mechanism is prescribed:

• Assessee: "Any person" - The provision is universally applicable, irrespective of the residential status, legal form, or nature of the taxpayer.
• Nature of Income: "Income by way of transfer of carbon credits" - This covers all forms of consideration received from the sale, assignment, or transfer of carbon credits.
• Rate of Tax: 10% - The income is taxed at a flat rate, irrespective of the slab rates applicable to the assessee's other income.
• Conditions: "No deduction in respect of any expenditure or allowance shall be allowed to the assessee under any provision of this Act in computing his income referred to column C."

The provision requires the computation of tax in two steps:

1. Calculate tax on the income from transfer of carbon credits at 10%.
2. Calculate tax on the remaining total income (excluding the carbon credit income) as per the normal provisions.
3. The aggregate of the above two amounts shall be the tax payable.

2. Definition of Carbon Credit

Clause 194(2)(a) provides a definition:

"Carbon credit", in respect of one unit, means reduction of one tonne of carbon dioxide emissions or emission of its equivalent gases which is validated by the United Nations Framework on Climate Change and which can be traded in market at its prevailing market price;

This definition ensures that only internationally recognized and validated carbon credits are covered, thereby excluding any unrecognized or self-certified credits.

3. Disallowance of Expenditure or Allowance

A critical feature is the blanket prohibition on any deduction for expenditure or allowance in computing the income from transfer of carbon credits. This means:

• No deduction for expenses incurred in generating, acquiring, or transferring carbon credits.
• No allowance for depreciation, amortization, or other claims under general or specific provisions.

This results in the entire gross consideration from transfer being taxed at 10%, without any reduction for costs.

4. Overriding Effect

The opening words "Irrespective of anything contained in any other provision of this Act" confer an overriding effect, ensuring that the special regime under Clause 194 prevails over any conflicting or general provisions within the Act.

5. Applicability and Scope

The provision applies to all taxpayers (individuals, firms, companies, etc.) and to all forms of transfer (sale, assignment, etc.) of carbon credits, provided the credits are validated as per the prescribed definition.

Practical Implications

1. Impact on Taxpayers

• Universality: All persons, whether resident or non-resident, are covered, provided the income arises from the transfer of carbon credits.
• Tax Certainty: The fixed 10% rate provides certainty, allowing taxpayers to plan and structure their transactions without fear of variable or progressive taxation.
• Prohibition of Deductions: The inability to claim any deduction may, in some cases, result in a higher effective tax burden, especially for those incurring significant costs in generating carbon credits.
• Compliance Simplicity: The straightforward computation method and lack of allowance for deductions simplify compliance and reduce the scope for disputes.

2. Administrative and Regulatory Implications

• Reduced Litigation: By providing a clear definition and computation mechanism, the scope for interpretational disputes is minimized.
• Alignment with International Practice: The reliance on UNFCCC validation brings Indian tax law in line with global standards, aiding in cross-border recognition and transfer of credits.
• Revenue Certainty: The government can estimate and collect revenue from this sector with greater predictability.

3. Policy Considerations

• Incentivizing Green Projects: The concessional rate is intended to make carbon credit projects more attractive, thus furthering environmental and climate goals.
• Potential for Abuse: The strict definition of carbon credit and the requirement of UNFCCC validation act as safeguards against abuse or mischaracterization of income.

Comparative Analysis: Clause 194 (Sl. No. 3) vs. Section 115BBG

1. Legislative Text and Structure

Section 115BBG of the Income-tax Act, 1961, introduced by the Finance Act, 2017 (effective AY 2018-19), reads:

(1) Where the total income of an assessee includes any income by way of transfer of carbon credits, the income-tax payable shall be the aggregate of- (a) the amount of income-tax calculated on the income by way of transfer of carbon credits, at the rate of ten per cent.; and (b) the amount of income-tax with which the assessee would have been chargeable had his total income been reduced by the amount of income referred to in clause (a). (2) Notwithstanding anything contained in this Act, no deduction in respect of any expenditure or allowance shall be allowed to the assessee under any provision of this Act in computing his income referred to in clause (a) of sub-section (1). Explanation.-For the purposes of this section, "carbon credit" in respect of one unit shall mean reduction of one tonne of carbon dioxide emissions or emissions of its equivalent gases which is validated by the United Nations Framework on Climate Change and which can be traded in market at its prevailing market price.

A side-by-side comparison reveals striking similarities, with only minor drafting differences.

2. Points of Similarity

• Scope of Applicability: Both provisions apply to "any person," covering all taxpayers.
• Nature of Income: Both cover "income by way of transfer of carbon credits."
• Rate of Tax: Both prescribe a flat rate of 10%.
• Computation Method: Both require tax to be computed on carbon credit income at 10%, with the balance income taxed as per normal rates.
• Disallowance of Deductions: Both categorically disallow any deduction for expenditure or allowance in computing such income.
• Definition of Carbon Credit: Both define it as reduction of one tonne of CO₂ or equivalent gases, validated by the UNFCCC, and tradable at market price.
• Overriding Effect: Both operate "notwithstanding anything contained in this Act," giving them primacy over general provisions.

3. Points of Difference

• Placement and Drafting: Section 115BBG is a standalone section in the 1961 Act, whereas Clause 194 is part of a consolidated table of special tax rates in the proposed 2025 Bill. This reflects a move towards consolidation and simplification in the new Bill.
• Contextual Integration: Clause 194, by virtue of being part of a larger table, allows for simultaneous reference to other special income categories (lotteries, patents, virtual assets, etc.), potentially improving ease of compliance and reference.
• Definitions: While both provide essentially the same definition for "carbon credit," Clause 194 includes all relevant definitions for other items in the table as well, consolidating interpretational guidance in one place.
• Procedural Aspects: The new Bill may be accompanied by new rules or clarifications that are not present in the existing Act, though the substantive law for carbon credits remains unchanged.

4. Implications of the Transition

The transition from Section 115BBG to Clause 194 (Table: S. No. 3) is largely a matter of legislative reorganization rather than substantive change. The intent appears to be to consolidate the special tax regimes into a single provision for improved clarity and administration. For taxpayers, the practical impact should be minimal, as the computation, rate, scope, and definitions remain the same.

5. Potential Ambiguities and Issues

Both provisions are clear in their drafting, but potential issues may arise in the following areas:

• Validation by UNFCCC: The requirement that credits be validated by the UNFCCC may exclude domestic or voluntary credits not recognized by the UN, potentially narrowing the scope.
• No Deduction for Costs: Entities incurring significant expenses in generating credits may find the flat 10% tax on gross receipts burdensome, especially if their net margins are slim.
• Interaction with International Tax Treaties: The provision is silent on how such income is treated under Double Taxation Avoidance Agreements (DTAAs), which may become relevant for non-resident taxpayers.

Practical Examples

To illustrate, consider a company that generates and sells carbon credits for Rs. 1 crore in a financial year. Under both Section 115BBG and Clause 194:

• Tax on carbon credit income: Rs. 10,00,000 (10% of Rs. 1 crore).
• No deduction for any associated costs (e.g., investment in green technology).
• Remaining income taxed as per normal provisions.

This approach provides certainty and simplicity, but may not always reflect the economic reality of the taxpayer's profit margin.

Comparative Table

Aspect	Clause 194 (Table: S. No. 3) of the Income Tax Bill, 2025	Section 115BBG of the Income-tax Act, 1961
Applicability	Any person	Any assessee
Nature of Income	Transfer of carbon credits	Transfer of carbon credits
Rate of Tax	10%	10%
Computation	No deduction in respect of any expenditure or allowance allowed	No deduction in respect of any expenditure or allowance allowed
Aggregation	Tax on carbon credit income at 10% + tax on balance income as per rates applicable	Tax on carbon credit income at 10% + tax on balance income as per rates applicable
Definition of Carbon Credit	Reduction of one tonne of CO2 or equivalent, validated by UNFCCC, tradable at market price	Reduction of one tonne of CO2 or equivalent, validated by UNFCCC, tradable at market price
Set-off/Carry forward of Losses	Silent	Silent
Characterization (Capital/Business)	Not specified; self-contained code	Not specified; self-contained code
Deduction for Cost of Generation	Not allowed	Not allowed
Cross-border Transactions	Not addressed	Not addressed

Policy and Global Context

The Indian regime is broadly in line with global trends, where many jurisdictions provide concessional or special tax treatment for carbon credit transactions to incentivize environmental initiatives. The insistence on UNFCCC validation ensures credibility and prevents abuse, aligning with international best practices.

However, as carbon markets evolve, particularly with the growth of voluntary carbon markets and domestic trading platforms, there may be a need to revisit the definition and scope to ensure the law keeps pace with market developments.

Conclusion

Clause 194 (Table: S. No. 3) of the Income Tax Bill, 2025, represents a continuation and consolidation of the tax regime established by Section 115BBG of the Income-tax Act, 1961, for income from transfer of carbon credits. Both provisions are virtually identical in substance, prescribing a flat 10% tax rate, denying all deductions, and defining carbon credits in line with international standards. The shift to a consolidated table in the new Bill is a move towards legislative clarity and administrative efficiency. Taxpayers engaged in carbon credit transactions should experience no substantive change, but should remain attentive to any procedural updates or clarifications that may accompany the new legislation. As carbon markets expand and diversify, further legislative refinement may be warranted to address new forms of credits and evolving market practices.

---

Full Text:

Clause 194 Tax on certain incomes.

 

Dated: 3-5-2025