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Angel Tax Exemption

Angel-tax exemption - shield premium-issue rounds from Section 56(2)(viib).

Without exemption, share premium above fair value triggers 'angel tax' under Section 56(2)(viib) - taxed at 30% as income. DPIIT-recognised startups can file Form 2 to claim full exemption.

Talk to a partnerSee process
Qualified CA / CS partners2-3 weeksBest for: DPIIT startups raising premium rounds

Starting at

₹9,999

Angel Tax Exemption

DPIIT startups raising premium rounds

Form 2 filing
Investor self-declaration
Resident-investor compliance
₹25 cr aggregate limit tracker

Timeline

2-3 weeks

What it is

Angel Tax Exemption, explained in plain English.

Section 56(2)(viib) treats share premium received from resident investors (in excess of fair market value) as income in the company's hands - taxed at 30%+. DPIIT-recognised startups filing Form 2 with investor declarations and committing to a ₹25 crore aggregate paid-up + premium cap are fully exempted.

TL;DR

Pvt Ltd raising at premium from resident investors? File Form 2 declaration after DPIIT to avoid the 30% angel-tax hit on every excess premium rupee.

Key terms

The vocabulary you'll see on the portal.

Section 56(2)(viib)

Angel-tax provision - premium above FMV from resident investors taxed as income.

Form 2

Declaration on Startup India portal claiming exemption under Section 56(2)(viib).

₹25 crore cap

Aggregate paid-up capital + securities premium ceiling for the exemption.

Routes & scenarios

Match the situation to the right fix.

01

Pre-round exemption

File Form 2 before the share issue to lock exemption ex-ante.

  • DPIIT recognition first
  • Declaration in Form 2
  • Investor self-declaration
02

Post-round filing

Already issued at premium - file to formalise the exemption before assessment.

  • Document the issue history
  • File Form 2 ASAP
  • Assessment-stage cover
The process

Angel Tax Exemption - from kickoff to confirmation.

01

Eligibility

DPIIT status + aggregate paid-up + premium cap + investor type verified.

02

Declarations

Form 2 + investor self-declarations drafted; PAN verifications done.

03

Portal filing

Form 2 filed on Startup India portal; acknowledgement obtained.

04

Records

Stored in data room for tax assessment + investor onboarding diligence.

Documents required

What we'll need from you.

Upload via our secure portal. We pre-check every scan before filing - cuts portal rejections by ~90%.

DPIIT recognition certificate
Share issue resolution + PAS-3
Investor PAN + bank statements
Valuation report (FMV)
Cap table pre- and post-issue
Board resolution authorising issue
Angel Tax Exemption FAQ

Common questions, answered by partners.

Still unsure if Angel Tax Exemption is right for your case? Book a free 20-minute consult - a senior CA / CS will walk you through your specifics.

Still have questions?

Book a free 20-minute consult with a senior partner - we'll walk through your case and outline next steps.

Talk to a partner →

Resident investors only. Non-resident investors aren't covered by Section 56(2)(viib) - it doesn't apply to them in the first place.

Ready when you are

Let's get your Angel Tax Exemption sorted this week.

A senior CA / CS will get on a call with you, confirm scope and start the work - usually within 24 hours.

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