Budget 2026 Buyback Tax: Will IT Giants Ditch Buybacks for Dividends?

A Major Policy Shift for Shareholder Payouts

Union Budget 2026, presented by Finance Minister Nirmala Sitharaman, has introduced a fundamental change to the taxation of share buybacks, a move that directly impacts the capital allocation strategies of India's cash-rich IT services sector. By shifting the tax liability from the company to the shareholder and introducing a special levy on promoters, the government has effectively dismantled the tax arbitrage that made buybacks a preferred route for returning cash to investors. This policy overhaul forces companies like TCS, Infosys, and Wipro to re-evaluate whether dividends now offer a more equitable and efficient path for shareholder rewards.

Decoding the New Buyback Tax Regime

Previously, companies conducting a buyback paid a tax of around 23% (including surcharge and cess) on the distributed income, and the proceeds were tax-exempt in the hands of the shareholders. This system was often more favorable than dividends, which are taxed at the shareholder's applicable slab rate.

Budget 2026 scraps the company-level tax and proposes that all buybacks will now be taxed as capital gains for the shareholder. This means the tax is levied on the profit made, calculated as the difference between the buyback price and the shareholder's acquisition cost. This aligns the treatment of buybacks with the sale of shares on the open market.

The Promoter Levy: Closing the Arbitrage Loophole

The most significant part of the reform is the introduction of an additional buyback tax specifically targeting promoters. The government's stated intent is to disincentivise the misuse of buybacks as a tool for tax-efficient profit extraction by majority shareholders. Under the new rules:

• Corporate promoters will face an effective tax of approximately 22%.
• Non-corporate promoters (including individuals and HUFs) will be taxed at around 30%.

This additional levy ensures that promoters no longer enjoy a significant tax advantage by opting for buybacks over dividends, thereby leveling the playing field for all forms of shareholder payouts.

What It Means for Retail and Minority Investors

For non-promoter and retail shareholders, the new system is simpler and potentially more beneficial. The income from tendering shares in a buyback will be treated as capital gains, subject to short-term or long-term rates depending on the holding period. Crucially, if an investor tenders shares at a loss, this can be claimed as a capital loss, which can be set off against other capital gains or carried forward for up to eight years. This was not possible under the previous regime.

A Clear Comparison: Old vs. New Buyback Tax

Shareholder Type	Old System (Pre-Budget 2026)	New System (Post-Budget 2026)
The Company	Paid a buyback tax (~23%) on distributed profits.	No company-level tax.
Retail/Minority Investor	Income from buyback was tax-exempt.	Taxed as Capital Gains (Short/Long Term).
Corporate Promoter	Income from buyback was tax-exempt.	Taxed as Capital Gains + Additional Levy (Effective Rate ~22%).
Non-Corporate Promoter	Income from buyback was tax-exempt.	Taxed as Capital Gains + Additional Levy (Effective Rate ~30%).

The Strategic Dilemma for IT Companies

Indian IT services giants have historically been major proponents of share buybacks, using them to return billions of dollars to shareholders. With large free cash flows and a need to maintain an efficient capital structure, buybacks offered a flexible and tax-advantaged method of distribution. The new tax structure neutralizes this advantage, particularly for the promoter group. Consequently, company boards will now need to conduct a fresh analysis of their payout policies. Dividends, which offer a uniform treatment to all shareholders, may now be viewed as a more straightforward and transparent option.

Broader Budget Boosts for the IT Sector

While the buyback tax reform is a major headline, Union Budget 2026 delivered several other significant positives for the IT and ITeS industry, aimed at improving the ease of doing business and reducing litigation.

• Expanded Safe Harbour Threshold: The eligibility limit for availing safe harbour provisions for transfer pricing has been dramatically increased from ₹300 crore to ₹2,000 crore. This is a major relief for mid-to-large-sized IT companies, reducing their compliance burden and risk of tax disputes.
• Unified IT Services Category: Various service lines like software development, ITeS, KPO, and contract R&D have been clubbed into a single 'Information Technology Services' category with a common safe harbour margin of 15.5%. This simplifies classification and brings predictability.
• Automated Processes: Safe harbour approvals are set to become automated and rule-driven, removing officer discretion and speeding up the process.

A Long-Term Vision for Cloud and Data Centers

In a landmark move to position India as a global technology hub, the budget also announced a tax holiday until 2047 for foreign companies that provide cloud services globally using data centers located in India. This long-term incentive is designed to attract massive investment in data center infrastructure and make India a competitive location for serving global cloud demand.

Conclusion: A Balanced Approach

Union Budget 2026 presents a mixed but ultimately forward-looking picture for the Indian IT sector. The buyback tax reform is a structural change that promotes tax fairness and will force a necessary strategic review of corporate payout policies. While this may alter short-term capital return plans, the substantial improvements in the safe harbour regime and the visionary tax holiday for data centers provide a strong foundation for long-term growth, reduced litigation, and enhanced global competitiveness for the industry.