Section 44C → Section 55
Deduction of head office expenditure in the case of non-residents
Quick Answer
Section 44C of the Income Tax Act, 1961 (Deduction of head office expenditure in the case of non-residents) corresponds to Section 55 of the Direct Tax Code 2025 (Income-tax Act, 2025), effective 1st April 2026. Status: Retained.
Sec 44C
Provision Summary
Restricts the deduction of executive and general administration expenses incurred by the foreign head office allocable to its Indian branch (capped at 5% of adjusted total income).
Sec 55
Provision Summary
Retained verbatim. Prevents foreign companies from artificially eroding the Indian tax base by allocating excessive overheads to the Indian branch.
Key Changes & Highlights
- None.
Related Sections
Frequently Asked Questions
What does Section 44C of the Income Tax Act 1961 deal with?
Section 44C (Deduction of head office expenditure in the case of non-residents) Restricts the deduction of executive and general administration expenses incurred by the foreign head office allocable to its Indian branch (capped at 5% of adjusted total income).
What is the new section number for Section 44C under the Direct Tax Code 2025?
Section 44C of the ITA 1961 maps to Section 55 of the Direct Tax Code 2025 (Income-tax Act, 2025), effective from 1st April 2026.
What is the status of Section 44C under the new tax code?
Section 44C is marked as "Retained" with status "Active". Impact: High - Crucial transfer pricing and international tax provision.
What are the key changes to Section 44C under DTC 2025?
None.
Disclaimer: This page is for educational and reference purposes only. Section mappings are based on publicly available drafts and circulars. Always consult a qualified Chartered Accountant before filing or making compliance decisions under the Direct Tax Code 2025.
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