Comprehensive Review of the Tonnage Tax Scheme : Clause 226(7) of the Income Tax Bill, 2025 Vs. Section 115VF of the Income-tax Act, 1961

Clause 226 Tonnage tax scheme.

Income Tax Bill, 2025

1. Introduction

Clause 226(7) of the Income Tax Bill, 2025 and Section 115VF of the Income-tax Act, 1961 both address the computation and taxation of income for shipping companies under the specialized "tonnage tax scheme." The tonnage tax regime represents a significant policy choice, designed to encourage the growth and competitiveness of the Indian shipping industry by providing a simplified and predictable method of income computation, distinct from the traditional net profit-based taxation.

This commentary provides a comprehensive analysis of Clause 226(7), including its context, objectives, detailed provisions, practical implications, and a comparative evaluation with the existing Section 115VF. The analysis draws attention to the legislative intent, interpretive nuances, and possible areas of convergence and divergence between the two regimes.

2. Objective and Purpose

2.1 Legislative Intent

The core objective of both Clause 226(7) and Section 115VF is to provide a favorable and simplified tax regime for shipping companies, recognizing the unique nature of their business operations. The tonnage tax scheme (TTS) enables qualifying shipping companies to compute their taxable income based on the net tonnage of ships operated, rather than on actual profits, thereby offering certainty, reducing compliance burden, and enhancing international competitiveness.

This approach aligns with international best practices, especially in jurisdictions with significant maritime interests, and is a response to the global mobility of shipping operations. The legislative intent is to make India an attractive base for shipping companies, reduce the risk of profit shifting, and ensure a stable revenue stream for the exchequer.

2.2 Policy Considerations and Historical Background

The tonnage tax regime was first introduced in India through Chapter XII-G (Sections 115V to 115VZC) of the Income-tax Act, 1961, effective from assessment year 2005-06. The regime was modeled after similar schemes in Europe and Asia, aiming to arrest the declining trend of Indian ships in global trade and to counter the flight of shipping companies to more tax-friendly jurisdictions.

The Income Tax Bill, 2025 seeks to modernize and consolidate tax provisions, including those relating to tonnage tax, and Clause 226(7) is part of this effort to provide clarity and continuity to the shipping sector.

3. Detailed Analysis of Clause 226(7) of the Income Tax Bill, 2025

3.1 Structure and Key Provisions

Clause 226(7) reads as follows:

Subject to the other provisions of this Part,-

1. the tonnage income, shall be-
   1. computed as per section 227; and
   2. deemed to be the profits chargeable under the head "Profits and gains of business or profession"; and
2. the relevant shipping income referred to in section 228(1) shall not be chargeable to tax.

This provision is embedded within a comprehensive framework (Clause 226(1)-(6)), which sets out the scope, eligibility, and procedural requirements of the tonnage tax scheme. Sub-clause (7) specifically addresses the computation and taxability of "tonnage income" and the exemption of "relevant shipping income."

3.2 Breakdown and Interpretation

• Computation as per Section 227:

  Clause 226(7)(a)(i) mandates that the "tonnage income" must be computed in accordance with Section 227. Although Section 227 is not reproduced here, it is expected to lay down the methodology for calculating notional income based on net tonnage, similar to the detailed computation mechanism u/s 115VG of the 1961 Act. This ensures that the tonnage tax scheme remains formulaic and not profit-based.

• Deemed Profits:

  Clause 226(7)(a)(ii) provides that the tonnage income so computed shall be deemed to be the profits chargeable under the head "Profits and gains of business or profession." This legal fiction is critical, as it allows the tonnage income to be taxed under the regular business income head, while separating it from actual accounting profits. This approach simplifies tax administration and provides certainty to taxpayers.

• Exclusion of Relevant Shipping Income:

  Clause 226(7)(b) stipulates that "the relevant shipping income referred to in section 228(1) shall not be chargeable to tax." This means that once a shipping company opts for the tonnage tax scheme, and its income is computed on a notional basis, the actual income derived from shipping operations (as defined in Section 228(1)) is excluded from the tax base, preventing double taxation and ensuring the integrity of the tonnage tax regime.

3.3 Legislative Safeguards

Clause 226(7) is "subject to the other provisions of this Part," indicating that the computation and exemption are not absolute but are contingent on compliance with the broader eligibility, option, and procedural requirements set out in the preceding and succeeding clauses. This includes the need for a valid option (as per Section 231), qualifying ship criteria, and the separation of tonnage tax business from other activities.

3.4 Ambiguities and Interpretive Issues

While the language of Clause 226(7) is largely clear, potential ambiguities may arise concerning:

• The precise scope of "relevant shipping income" u/s 228(1), especially if the definition is expanded or altered from the 1961 Act.
• Interaction with other tax provisions, such as Minimum Alternate Tax (MAT) or provisions relating to international shipping income.
• Procedural safeguards to prevent abuse or misclassification of income.

4. Practical Implications

4.1 Impact on Stakeholders

• Shipping Companies:

  The tonnage tax scheme continues to offer shipping companies a predictable, low-compliance, and competitive tax regime. By taxing notional income based on net tonnage, companies are insulated from volatile profits and complex accounting adjustments. The exclusion of actual relevant shipping income from tax further incentivizes participation in the scheme.

• Tax Authorities:

  The regime simplifies tax administration, reduces litigation over allowable expenses and depreciation, and provides a stable revenue stream. However, tax authorities must remain vigilant against attempts to misclassify income or artificially inflate qualifying tonnage.

• Regulators and Policy Makers:

  The continuity of the tonnage tax regime signals policy stability, which is critical for long-term investment decisions in shipping. However, there remains a need for periodic review to ensure that the scheme remains aligned with international developments and does not become a vehicle for tax avoidance.

4.2 Compliance and Procedural Aspects

Companies must ensure strict compliance with the eligibility conditions, option procedures, and record-keeping requirements. The separation of tonnage tax business from other activities requires robust internal controls and accounting segregation. Any deviation may result in loss of scheme benefits and reversion to standard profit-based taxation.

5. Comparative Analysis with Section 115VF of the Income-tax Act, 1961

5.1 Textual Comparison

Section 115VF of the Income-tax Act, 1961 states:

Subject to the other provisions of this Chapter, the tonnage income shall be computed in accordance with section 115VG and the income so computed shall be deemed to be the profits chargeable under the head "Profits and gains of business or profession" and the relevant shipping income referred to in sub-section (1) of section 115V-I shall not be chargeable to tax.

A side-by-side comparison reveals that Clause 226(7) essentially mirrors the substance of Section 115VF, with only minor differences in cross-references (i.e., Section 227 vs. Section 115VG; Section 228(1) vs. Section 115V-I(1)), which are a result of the restructuring and renumbering in the new Bill.

5.2 Substantive Parity

• Computation Mechanism:

  Both provisions anchor the computation of tonnage income to a separate section (Section 227/115VG), which prescribes the detailed methodology. The legal fiction of "deemed profits" is maintained in both, ensuring continuity in the tax treatment.

• Exclusion of Actual Shipping Income:

  Both provisions categorically exclude the actual "relevant shipping income" from tax once the tonnage tax scheme is opted for, thereby avoiding double taxation and maintaining the integrity of the notional income approach.

• Conditional Applicability:

  The phrase "subject to the other provisions of this Part/Chapter" is present in both, underscoring that the benefit is not unconditional but subject to compliance with eligibility, option, and procedural requirements.

5.3 Differences and Evolution

• Reorganization and Modernization:

  The Income Tax Bill, 2025 reorganizes and modernizes tax provisions, including tonnage tax, for clarity and accessibility. While the substantive content is unchanged, the new structure may facilitate easier reference and compliance.

• Potential for Expanded Definitions:

  The Bill provides an opportunity to update definitions and computation methods to reflect changes in shipping practices (e.g., inclusion of inland vessels, slot/space charters). Any such changes would be reflected in the cross-referenced sections (Section 227, 228), and not in Clause 226(7) directly.

5.4 International Context and Comparison

The Indian tonnage tax regime, as reflected in both the 1961 Act and the 2025 Bill, is consistent with international models prevalent in the UK, EU, Singapore, and other maritime jurisdictions. The legal fiction of "deemed profits" and the exclusion of actual income are standard features globally, designed to provide certainty and prevent disputes over expense allocation and transfer pricing.

5.5 Potential Issues and Conflicts

• Interaction with Other Tax Provisions:

  Issues may arise regarding the interaction of tonnage tax provisions with MAT, transfer pricing, or anti-avoidance rules. The legislative framework must ensure that the notional nature of tonnage income is respected across other tax computations.

• Ambiguity in Definitions:

  Any change in the definition of "qualifying ship," "relevant shipping income," or "operating a ship" could have significant implications. The Bill's approach to these definitions must be carefully harmonized with the intent and structure of the tonnage tax regime.

6. Conclusion

Clause 226(7) of the Income Tax Bill, 2025 represents a continuation and reaffirmation of the tonnage tax regime for shipping companies, as established under Section 115VF of the Income-tax Act, 1961. The provision maintains the core features of notional income computation, legal fiction of deemed profits, and exclusion of actual shipping income, thereby ensuring policy continuity and stability for the shipping sector. The restructuring in the Bill does not alter the substantive rights or obligations of taxpayers but may enhance clarity and compliance.

For stakeholders, the regime remains attractive and internationally competitive, but careful attention must be paid to compliance, evolving definitions, and the interaction with other tax provisions. Periodic review and judicial clarification may be warranted to address emerging issues and to ensure that the regime continues to serve its intended purpose without being susceptible to abuse.

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Full Text:

Clause 226 Tonnage tax scheme.

 

Dated: 10-5-2025