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Author Royalty Deduction and Certificates

Author Royalties under Section 151: The 15% Sales Test, ₹3 Lakh Ceiling and Forms 36/38

Compute the author-royalty deduction for tax year 2026–27: qualifying books, the running-royalty sales-value limit, net income, individual ceiling, foreign remittances and current certificates.

Reviewed by CA ML Mittal · Chartered Accountant | 35+ years in non-corporate Income Tax

Tax calculation with paperwork and a calculator

Direct answer: A resident individual author may claim a section 151 deduction for eligible literary, artistic or scientific book income, limited to ₹3,00,000 and the qualifying income. Non-lump-sum royalties face an additional 15%-of-book-sales restriction before attributable expenses. Excluded publications, the default tax regime and foreign-remittance conditions can reduce the deduction to nil.

Law checked on 23 October 2026 for tax year 2026–27 against section 151 of the Income-tax Act, 2025 and the Act as amended by Finance Act, 2026. The old section 80QQB label belongs to the 1961 Act. Current certification uses Form 36 under Rule 70 and, for relevant foreign income, Form 38 under Rule 72 of the notified Income-tax Rules, 2026.

Confirm the author, book and nature of the receipt

Section 151 is for an individual author resident in India and includes a joint author. Establish the claimant’s professional income and contractual copyright interest. A publisher’s business income, an HUF receipt or a payment merely described as content income does not automatically meet those conditions.

The definition excludes brochures, commentaries, diaries, guides, journals, magazines, newspapers, pamphlets, school textbooks, tracts and similar publications. A scientific topic or an ISBN alone does not override an exclusion. Retain the publication and contract so the conclusion rests on its actual character rather than its marketing label.

Keep three separate computation stages

Identify gross eligible receipts, apply any relevant section 151 restriction, and then reconcile attributable expenses and the resulting qualifying income before the ₹3,00,000 ceiling. The deduction does not mean gross receipts stop being income or that the author receives a refund equal to that amount. Check aggregate Chapter VIII and other applicable computation restrictions separately.

StageQuestionControl
Nature of paymentIs this the specified all-rights lump sum or another royalty arrangement?Read the actual rights transferred.
Income computationDoes the 15% sales-value restriction apply before expenses?Use publisher sales evidence and a supported expense allocation.
Final deductionWhat qualifying income remains within the ₹3,00,000 ceiling?Check residence, regime, certificates and overall computation.

The 15% restriction is relevant where the royalty or copyright fee is not a lump-sum consideration in lieu of all rights in the book. A one-time payment is not enough by itself to establish that exception. Where the restriction applies, excess gross income is ignored for deduction purposes before attributable expenses; it is not automatically excluded from taxable professional income.

Allocate genuine expenses on a documented basis. Do not use the sales-value cap as a reason to deduct the same expense twice, or silently change a capped gross figure into a net figure. The illustrations avoid disputed allocations by either assuming no attributable expense or keeping gross royalties below the sales-value ceiling where expenses are included.

Reconcile foreign income to the statutory remittance window

For foreign-source income, section 151(4) counts the amount brought into India in convertible foreign exchange within six months from the tax-year end, or within an allowed further period. Record the earning year, remittance dates and bank evidence. A publisher’s foreign credit or an overseas account balance is not evidence that the required amount was brought into India.

For tax year ending 31 March 2027, the ordinary six-month point is 30 September 2027. Retain any competent-authority extension and apply its actual terms. This tax-deduction condition is separate from export or other foreign-exchange compliance requirements; meeting one does not establish the other.

Use current certificates and check the tax regime

Rule 70 requires Form 36 with the return, verified by the person responsible for paying the author. Rule 72 prescribes Form 38 for the foreign-income certification under section 151(6). The notified forms contain publisher and beneficiary-bank certification respectively. Use the statutory forms and rules as the authority where a general guidance note is imprecise.

The department’s Form 36 guidance and Form 38 FAQs assist with the evidence file. Match the author, title, payer, sales, income and remittance details across them. Section 151(7) also prevents another deduction for the same income after a claim has been allowed under this section.

Section 202 does not permit section 151 as a Chapter VIII exception under the default regime. Professional-income claimants must also check the option conditions and timing for a different regime. The examples below assume valid eligible alternative-regime treatment, adequate overall deduction capacity and the required certificates unless expressly stated otherwise.

Worked illustrations

These illustrations use fictional facts and expressly stated assumptions. Amounts are Indian rupees unless a different currency or unit is specified. They are independent examples, not findings about any actual client.

Illustrative example 1: Non-lump-sum gross royalties exceed the sales-value limit

An eligible resident author earns ₹4,50,000 in running royalties from qualifying books sold for ₹20,00,000 during the tax year. Assume no attributable expenses. The 15% limit is ₹3,00,000, so qualifying income for this working is ₹3,00,000 and deduction is ₹3,00,000. The other ₹1,50,000 is ignored for deduction purposes, not automatically removed from taxable income.

Illustrative example 2: Expenses where the gross royalty is below the 15% limit

Qualifying book sales are ₹20,00,000 and running royalties ₹2,40,000. The 15% sales-value limit is ₹3,00,000, so it does not restrict these royalties. Supported expenses attributable to the eligible royalty are ₹40,000. Net qualifying income and deduction are ₹2,00,000, subject to the other conditions.

Illustrative example 3: A genuine all-rights lump sum still faces the annual ceiling

A contract establishes a ₹6,00,000 lump sum in lieu of all the author’s rights in a qualifying book. Attributable expenses are ₹50,000, leaving ₹5,50,000 income. The stated all-rights lump sum is outside the 15% running-royalty restriction, but deduction is still capped at ₹3,00,000. The ₹2,50,000 difference is not an additional deduction.

Illustrative example 4: Foreign remittances on opposite sides of the six-month point

An eligible foreign-source all-rights receipt produces ₹4,00,000 income for tax year 2026–27, with no attributable expenses. Convertible foreign exchange equivalent to ₹2,25,000 is brought into India by 30 September 2027; ₹1,75,000 arrives on 15 October 2027. With no further period allowed, this working counts ₹2,25,000 and permits that deduction, subject to certification. The late ₹1,75,000 does not meet the stated window.

Illustrative example 5: Joint authors have individual income and ceilings

Two resident joint authors genuinely divide ₹6,00,000 of qualifying all-rights lump-sum income 40:60, with no attributable expenses. Their respective income is ₹2,40,000 and ₹3,60,000. Separate eligible deductions are ₹2,40,000 and ₹3,00,000, totalling ₹5,40,000. One author cannot absorb the other’s income merely to alter the individual computation.

Illustrative example 6: The default regime blocks an otherwise eligible amount

A resident author has ₹3,00,000 otherwise qualifying income and complete certificates but remains under the default section 202 regime. Section 151 deduction is nil. A valid eligible alternative-regime computation would use ₹3,00,000, subject to all remaining restrictions. That comparison is a deduction difference, not a ₹3,00,000 tax saving.

Illustrative example 7: An excluded guide does not become eligible because another book qualifies

An author has ₹2,00,000 income from a publication established on its facts to be a guide and ₹1,00,000 eligible income from a literary book. Assume no expense or other restriction. The section 151 input is ₹1,00,000, not the combined ₹3,00,000. The literary book does not cure the separate guide exclusion.

Ten-step verification table

StepVerificationEvidence to retain
1Identify the tax year, claimant and residence.Author PAN, residence working and period cover sheet.
2Verify the publication is a qualifying book.Publication copy and exclusion analysis.
3Read the rights and income clauses.Copyright agreement and payer statements.
4Reconcile gross royalties and sales value.Title-wise publisher sales and royalty reports.
5Apply the 15% restriction where relevant before expenses.Separate gross-cap working and documented assumptions.
6Substantiate attributable expenses without duplication.Expense records and allocation basis.
7Apply the ₹3,00,000 ceiling and overall computation restrictions.Individual deduction bridge and Chapter VIII review.
8Test foreign remittances and any permitted further period.Bank evidence, dates and extension order where applicable.
9Obtain current Forms 36 and 38 where applicable.Verified certificates reconciled to the income and bank records.
10Check regime, option conditions and repeat claims.Section 202 conclusion and final return reconciliation.

Sixteen practitioner FAQs

1. Does section 151 apply to every content creator?

No. Establish the statutory author, book, copyright-income and residence conditions.

2. Can an HUF claim this individual author deduction?

Section 151 specifies an individual author resident in India.

3. Are joint authors covered?

Yes. The definition includes a joint author; establish each person’s genuine income and claim.

4. Does an ISBN prove that a guide qualifies?

No. The actual publication must satisfy the definition and exclusions.

5. Are school textbooks included?

They are expressly excluded from the section’s book definition.

6. Is every single payment an all-rights lump sum?

No. Examine whether the consideration is in lieu of all the author’s rights in the book.

7. What is the running-royalty sales-value percentage?

Section 151(3) uses 15% of the value of the relevant books sold during the tax year, before attributable expenses.

8. Does the ignored excess cease to be taxable income?

No automatic tax exclusion follows. The restriction concerns this deduction computation.

9. Is the ₹3,00,000 ceiling per book?

Do not multiply the individual’s section 151 ceiling by the number of books. Reconcile the individual’s qualifying income and statutory limit.

10. Do attributable expenses matter?

Yes. Reconcile the net income, with the gross restriction applied at the proper stage and without double deduction.

11. Is a foreign publisher’s credit enough to meet the remittance condition?

No. Establish the amount actually brought into India in convertible foreign exchange within the permitted period.

12. Can a competent authority allow more than six months?

Section 151(4) allows a further period authorised by the competent authority. Retain the actual permission.

13. Which form replaces the old author certificate reference?

The notified Rule 70 prescribes Form 36, verified by the person responsible for payment.

14. What additional certificate concerns eligible foreign income?

Rule 72 prescribes Form 38 for the section 151(6) requirement.

15. Can the default section 202 regime claim this deduction?

No. Section 151 is outside that regime’s permitted Chapter VIII exceptions.

16. Can the same income support a second deduction elsewhere?

Section 151(7) prevents another deduction for income for which this deduction has been claimed and allowed.

Working-paper organisation

Keep the source documents, calculation and final conclusion together for the same entity and period. If using assureTax or other assureOffice tools, use only confirmed available functions and retain this evidence with the output.

Conclusion

Establish the book and rights first, then reconcile the gross restriction, expenses and individual ceiling. Support foreign income with the required remittance evidence and certificates.

Official references