**Executive Summary**
Budget 2026-27 aims to position India as a global hub for cloud and AI infrastructure by introducing a tax holiday until 2047 for eligible foreign cloud providers using India-based data centres. The initiative includes a structured eligibility framework and continues existing tax provisions for domestic transactions with a proposed 15% safe harbor margin for related entities. This is part of a broader effort to strengthen India's digital and semiconductor ecosystem.
**Key Points / Main Content**
* **Tax Holiday for Foreign Cloud Providers:**
* Tax holiday until 2047 is proposed for eligible foreign cloud providers utilizing data centre services located in India.
* Income from global cloud operations routed through India-based data centres will not be subject to Indian taxation, subject to conditions.
* **Eligibility Framework:**
* The exemption is available under a structured framework, where services to Indian customers must be delivered through an Indian reseller entity.
* The foreign company must be notified under relevant provisions.
* Data centre services must be procured from an Indian company operating a notified data centre facility, as notified by the Ministry of Electronics and Information Technology (MeitY).
* The exemption applies from Tax Year 2026–27 to Tax Year 2046–47.
* **Domestic Operations Tax Treatment:**
* Profits from domestic economic activities remain taxable.
* A safe harbour margin of 15 percent on cost is proposed where the Indian data centre is a related entity operating as a cost-plus centre.
* Domestic transactions continue under existing tax provisions.
* **Broader Technology Ecosystem Initiatives:**
* The tax holiday complements the India Semiconductor Mission (ISM) 2.0, with a provision of ₹1,000 crore for FY 2026–27.
* The allocation for the Electronics Components Manufacturing Scheme (ECMS) has been increased from ₹22,000 crore to ₹40,000 crore in Budget 2026-27.
* The Budget proposes grouping software development services, IT-enabled services, knowledge process outsourcing, and contract R&D services under a single category of Information Technology Services.
* Budget proposes a common safe harbour margin of 15.5 percent, increase the threshold for availing safe harbour from ₹300 crore to ₹2,000 crore, approvals through an automated, rule-based process, and fast-tracking the Unilateral Advance Pricing Agreement (APA) process for IT services.
**Impact Analysis**
**Foreign Cloud Service Providers**
* **Impact:** Tax benefits and long-term policy certainty for investing in India's cloud and AI infrastructure.
* **Action Required:** Establish or utilize India-based data centres and meet eligibility criteria for the tax holiday.
**Indian Data Centre Companies**
* **Impact:** Potential for increased business from foreign cloud providers seeking to leverage India-based data centres.
* **Action Required:** Ensure compliance with notification requirements and provide services that meet the needs of foreign cloud providers.
**Indian Reseller Entities**
* **Impact:** Opportunities to act as intermediaries for foreign cloud service providers in serving Indian customers.
* **Action Required:** Establish partnerships with foreign cloud providers to deliver services to Indian customers, ensuring domestic transactions remain within the tax net.
**Government of India**
* **Impact:** Strengthening of India's position as a global hub for digital infrastructure and attracting foreign investment.
* **Action Required:** Implement the structured framework, monitor compliance, and oversee the related initiatives (ISM 2.0, ECMS).
Key Entities Referenced
Union Budget 2026–27: Central government's financial plan that includes a policy initiative to strengthen India's position as a global hub for digital infrastructure through tax benefits.
Tax holiday till 2047: Proposed tax exemption for eligible foreign cloud providers operating through India-based data centres.
India Semiconductor Mission (ISM) 2.0: Initiative to establish semiconductor manufacturing capabilities in India, crucial for digital infrastructure development.
Ministry of Electronics and Information Technology (MeitY): Government body responsible for notifying data centre facilities eligible for the tax holiday.
Electronics Components Manufacturing Scheme (ECMS): Scheme to boost domestic production of electronics components, complementing digital infrastructure expansion.
PIB Headquarters
Budget 2026–27 Sets the Stage for India as a
Global Hub for Cloud and AI Infrastructure
Posted On: 14 FEB 2026 11:50AM by PIB Delhi
Key Takeaways
Tax holiday till 2047 proposed for eligible foreign cloud providers using India-based data centres for
global operations
Structured eligibility framework, including notified entities, use of Indian data centres, and Indian
reseller requirement for domestic services
Domestic transactions continue under existing tax provisions, with a proposed 15% safe harbour margin
for related data centre entities
Part of a broader digital and semiconductor ecosystem push under Budget 2026–27 to position India
as a global cloud and AI infrastructure hub
Introduction
The Union Budget 2026–27 introduces a major policy initiative to strengthen India’s position as a global hub
for digital infrastructure. Recognizing the central role of cloud computing, AI data centres and advanced
electronics in economic growth, the Government has announced a tax holiday till 2047 for eligible foreign cloud
service providers operating through India-based data centre infrastructure.
Globally, data centres have emerged as a major driver of investment and economic activity. According to the United
Nations Conference on Trade and Development (UNCTAD), data centres accounted for more than one fifth of
global greenfield project values in 2025, with announced investments exceeding USD 270 billion. Rapid growth in
AI compute demand and data-intensive digital services is intensifying international competition to attract such
infrastructure.
In this context, India’s long-term tax framework aims to provide investment certainty, anchor high-value digital
infrastructure within the country, and strengthen India’s role in global digital value chains in line with the vision of
Viksit Bharat by 2047.
Why This Policy Was Introduced
Data centres and cloud infrastructure require high upfront capital investment, long gestation periods, and sustained
policy certainty. AI-oriented data centres, in particular, involve significant expenditure on computing hardware,
energy systems, cooling infrastructure, and skilled manpower.
With global demand for AI compute capacity rising rapidly, countries are competing to attract large-scale data
centre investments. The tax holiday till 2047 is intended to provide long-term visibility and certainty, enabling
India to attract global cloud service providers while anchoring critical digital infrastructure within the country.Understanding the Tax Holiday Provision
The Budget proposes that a foreign company providing cloud services globally, while utilizing data centre services
located in India, will be eligible for a tax holiday extending up to 2047.
Under this framework:
Income of such foreign cloud service providers from global cloud operations routed through India-based data
centres will not be subject to Indian taxation, subject to specified conditions.
Services to Indian customers must be delivered through an Indian reseller entity, ensuring that domestic
transactions remain within the tax net.
The exemption applies from Tax Year 2026–27 to Tax Year 2046–47, providing a stable, predictable tax
environment for global cloud players investing in India’s data centre infrastructure.
Defined Eligibility Framework
The exemption is available to foreign companies providing cloud services under a structured framework. A
foreign cloud service provider may avail the tax holiday where:
The foreign company is notified under the relevant provisions.
Data centre services are procured from an Indian company operating a data centre in India.
The data centre facility is notified by the Ministry of Electronics and Information Technology (MeitY).The services by the foreign company to Indian users are provided through an Indian reseller entity, being an Indian
company.
This framework establishes regulatory oversight and ensures that the incentive operates within defined policy
parameters.
Tax Treatment of Domestic Operations
Under the proposed framework, profits arising from domestic economic activities will remain taxable as in the
case of any other domestic company. These include:
Data centre services provided to the global entity by the resident Indian data centre company; and
Resale of cloud services to Indian customers by the resident Indian reseller entity.
Further, where the Indian data centre is a related entity of the foreign company (operating as a cost-plus centre), a
safe harbour margin of 15 percent on cost has been proposed.
Safe Harbour Margin
A “Safe Harbour Margin” (under the Income Tax Act) refers to a specified profit margin declared by a taxpayer
for certain international transactions, without detailed checking, if it meets prescribed conditions and provisions.Linkage with Broader Technology Ecosystem Initiatives
The tax holiday is part of a broader set of Budget 2026–27 measures to strengthen India’s technology and digital
manufacturing ecosystem. Together, these initiatives address different layers of the technology value chain, from
semiconductor design and materials to electronics components, IT services and digital infrastructure.
India Semiconductor Mission (ISM) 2.0
The Budget announces the launch of India Semiconductor Mission 2.0, building on earlier efforts to establish
semiconductor manufacturing capabilities in India. The programme focuses on:
Design and manufacturing of semiconductor equipment in India
Manufacturing of materials used in semiconductor production
Expansion of the semiconductor design ecosystem
Strengthening of talent development initiatives
A provision of ₹1,000 crore has been made for ISM 2.0 in FY 2026–27. The initiative supports the development
of core electronics manufacturing capabilities that underpin digital infrastructure, including data centres and
advanced computing systems.
Electronics Components Manufacturing Scheme (ECMS)
The allocation for the Electronics Components Manufacturing Scheme has been increased from about ₹22,000
crore to ₹40,000 crore in Budget 2026–27. The scheme has received 149 applications, exceeding earlier
expectations and reflecting strong industry participation.
The enhanced allocation is intended to strengthen domestic production of electronics components under the scheme
as part of the broader electronics manufacturing ecosystem.
IT Services Simplification and Safe Harbour ProvisionsIT services remain one of India’s largest export sectors, with exports exceeding USD 220 billion. To provide tax
certainty and support industry growth, the Budget proposes:
Grouping software development services, IT-enabled services, knowledge process outsourcing and contract
R&D services under a single category of Information Technology Services
A common safe harbour margin of 15.5 percent
Increasing the threshold for availing safe harbour from ₹300 crore to ₹2,000 crore
Approvals through an automated, rule-based process
Fast-tracking the Unilateral Advance Pricing Agreement (APA) process for IT services
Unilateral Advance Pricing Agreement (APA)
Unilateral Advance Pricing Agreement (under the Income-tax Act) refers to an agreement entered into between a
taxpayer and the Central Board of Direct Taxes (CBDT) to determine, in advance, the price charged, for specified
international or domestic transactions, for a fixed period of time.
India’s Expanding Cloud and Digital Infrastructure Base
India’s cloud and data centre ecosystem is expanding in line with the country’s digital transformation and growing
use of AI-enabled applications across sectors.
Under the Digital India initiative, the national cloud infrastructure GI Cloud (MeghRaj) has been established to
meet government cloud requirements. MeghRaj provides secure, scalable, and elastic cloud facilities for delivery of
e-Governance services through the National Informatics Centre (NIC). National Data Centres operate with
layered security frameworks supported by empanelled providers meeting international security standards.
Industry estimates indicate that India’s cloud data centre capacity has reached around 1,280 MW and is
projected to grow four to five times by 2030, reflecting rising demand for digital and AI infrastructure.
Expanding AI and Cloud Data Centre Infrastructure
Data centres, especially AI-focused facilities, form the backbone of modern digital infrastructure. Investments of
nearly USD 70 billion are already underway in India’s data centre sector, with an additional USD 90 billion in
announced projects, highlighting the scale of expansion.
The proposed tax framework extending to 2047 provides long-term policy visibility for such capital-intensive
investments. The tax holiday for foreign cloud providers complements broader technology initiatives
announced in Budget 2026–27, including India Semiconductor Mission 2.0 and enhanced allocation for the
Electronics Components Manufacturing Scheme, complementing digital infrastructure expansion. Together, these
measures strengthen both digital infrastructure and electronics manufacturing capacity.Global Policy Momentum in AI Data Centre Infrastructure
Across major economies, AI data centres and related digital infrastructure are increasingly being supported
through policies that enable large-scale deployment and long-term investment.
In the United States, a Presidential Executive Order titled “Accelerating Federal Permitting of Data Center
Infrastructure” outlines steps to expedite the development of large AI data centre projects. The Order provides for:
Faster regulatory and permitting processes
Use of federally owned land to support data centre development
Support for energy systems, semiconductors, networking equipment and data storage infrastructure linked to
data centres
Financial support mechanisms such as loans, grants, tax incentives and offtake agreements
The Order defines large-scale data centre projects as those requiring more than 100 megawatts of new load,
indicating the scale at which AI infrastructure is being planned.
At the same time, Goldman Sachs Research notes that Chinese AI and cloud providers are entering a phase of
accelerated infrastructure build-out. Chinese firms are projected to make substantial investments in data
centres, alongside expansion in AI chips, hardware supply chains and overseas data centre capacity. The
research indicates that infrastructure development is being treated as a foundational requirement for AI growth and
digital services expansion.
These developments underscore the strategic centrality of AI and cloud data centre infrastructure within national
technology and industrial strategies. In this context, India’s long-term tax framework for cloud services using India-
based data centres provides policy clarity and investment visibility in a capital-intensive sector characterised by
long project cycles and rapidly expanding demand.
Conclusion
The tax holiday announced in Budget 2026–27 provides long-term policy certainty till 2047 for global cloud
and AI infrastructure investments in India. While offering investment visibility in a capital-intensive sector, the
framework retains safeguards through clearly defined eligibility conditions and continued taxation of domestic
operations.
Aligned with semiconductor, electronics manufacturing and IT sector reforms, the measure reflects a coordinated
strategy to strengthen India’s digital ecosystem. In a period of intensifying global competition for AI
infrastructure, the policy positions India as a credible and long-term destination for cloud and data centre
investment.References
Ministry of Finance
https://www.pib.gov.in/PressReleasePage.aspx?PRID=2221412&utm_source=chatgpt.com®=3&lang=2
Ministry of Electronics & IT
https://www.pib.gov.in/PressReleasePage.aspx?PRID=2221894&lang®=3&lang=2
https://www.pib.gov.in/PressReleasePage.aspx?PRID=2221894&lang=2®=3
Income Tax Department, Government of India
https://x.com/incometaxindia/status/2019046108673265855?s=48&t=CSE0glwGSDCXRHUtG7cLjw
https://x.com/IncomeTaxIndia/status/2018882843934650496?s=20
The White House
https://www.whitehouse.gov/presidential-actions/2025/07/accelerating-federal-permitting-of-data-center-infrastruct
ure/
Goldman Sachs
https://www.goldmansachs.com/insights/articles/chinas-ai-providers-expected-to-invest-70-billion-dollars-in-data-c
enters-amid-overseas-expansion
UNCTAD
https://unctad.org/news/data-centres-are-reshaping-global-investment-landscape
Incometax.gov.in
https://incometaxindia.gov.in/Rules/Income-Tax%20Rules/103120000000009915.htm
https://incometaxindia.gov.in/Rules/Income-Tax%20Rules/103120000000007832.htm
https://www.indianembassyusa.gov.in/pdf/advance_pricing_agreement_guidance_with_faqs_(tpi-43).pdf
English PDF
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