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  • Ask Us ‘MFDs cannot split their assets to get exemption from GST’

    ‘MFDs cannot split their assets to get exemption from GST’

    Ask us: MFDs cannot execute partial transfer of their assets.
    Nishant Patnaik Jan 27, 2023

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    One of readers wrote to us with this query:

    I am an individual mutual fund distributor. Recently, I received a communication from AMFI that my brokerage has exceeded Rs.20 lakh and I will have to obtain GST registration within a month’s time.

    My son has cleared NISM examination and he will receive his ARN soon. I would like to understand if I can transfer some of my assets to my son to segregate my trail income and avail the benefits of GST exemption.

    Name of the MFD has been withheld on request.

    Dear MFD,

    Thanks for writing to us.

    Firstly, it is not recommended to transfer assets to get GST exemption.

    In fact, AMFI norms do not allow MFDs to do partial transfer of assets. Remember that the existing distributor will have to transfer the entire assets.

    Even if you transfer your entire assets to your son, the trail commission rate for the new distributor will be in line with the trail commission rate of old distributor.

    In any case, you need to pay GST once you reach the threshold of Rs.20 lakh. However, you will have to pay GST only on the incremental income in the first year.

    In future, you can cancel your GST registration if your income doesn’t exceed the threshold limit in the subsequent financial year. Overall, you can obtain and cancel GST registration multiple times.

    Regards,

    Team Cafemutual

    Have a query or a doubt?
    Need a clarification or more information on an issue?
    Cafemutual welcomes all mutual fund and insurance related questions. So write in to us at newsdesk@cafemutual.com

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    12 Comments
    Kajal · 1 year ago `
    Why to transfer all asset.. instead shift business i new ARN, and switch some schemes in new ARN. And decrease the limit gradually within the same year.. pay GST for now and next year. Once threshold limit is below 18L. Apply for Cancellation of your GST.
    Sundararaman Krishnamurthy · 1 year ago
    If you go through Switch to New ARN, capital gains to investor to be considered. Or if you go through Change of Broker code, there will be No Brokerage to New ARN.
    Kajal · 1 year ago
    Considering 1lac LTCG exemption Do switching some now and some in April.. it will split investor gain portion.. so it will not create Capital Gain to investor..
    Nishant Patnaik · 1 year ago
    Strictly not recommended Kajal. It is against the code of conduct.
    Reply
    Sundararaman Krishnamurthy · 1 year ago `
    If you go through Switch to New ARN, capital gains to investor to be considered. Or if you go through Change of Broker code, there will be No Brokerage to New ARN.
    Amalaraj Marian · 1 year ago `
    Any such transaction which entails moving assets by switching and other modes should at all conditions avoided. In my opinion it is unethical. Why should an investor bare cost for your problems?
    In fact, from a default 9% X 2 =18% deductions directly from the brokerage, he would be benefited by using the Composite option where he pays only 3% X 2= 6% totally. My opinion is instead of trying to dodge taxation pay the due tax with available benefits.
    shahaji babar · 1 year ago `
    anyone already having GST registration
    kindly throw light on
    1Which GST is better composite or regular,
    which is better for higher amount 20 to 50 L
    and 50L above

    2 What is GST % for 1st Year above 20L

    3 What is GST from next Year above 20L
    Sunil Lalge · 1 year ago
    Composite only applicable to MFD s of Maharashtra state, rest all states MFD s all comes in regular.

    Partial switching to new family ARN is the only way to avoid GST. Ensure capital gain should not go above exemption limit of 1 lakh
    Reply
    Nilesh Dave · 1 year ago `
    I don't understand the logic.... Whenever we buy any goods or services, e.g Mediclaim policy, we pay 18% extra towards the GST over and above Basic premium, likewise in any goods, we are paying extra amount towards the GST. In our case i.e Distributors life, we are paying 18% GST from our committed income. Let us understand it with an example: In case of unregistered distributor, AMC pays Rs. 100 as brokerage, now when the same distributor becomes the registered distributor(under GST regime), AMC pays the same i.e Rs. 100, out of which Distributor has to pay Rs.18 towards the 18% GST. Now Distributor has to pay GST as well income tax on his entire income. I feel that AMCs should take responsibility of this and have to pay GST directly from their side or may add the same per cent of GST in the Distributors brokerage. In reality, the GST registered Distributors are not getting committed income from AMCs
    rajesh khanna · 1 year ago
    Yes it is right, the GSt registered MFD loose his 18% revenue from the etire payout compared to unregistered Mfd''s. AMC should add Gst Amount in the payout.
    Nilesh Shah · 1 year ago
    Sir. Please understand the concept of Reverse Charge Mechanism (RCM) under GST Laws. When we talk about distributable TER, it includes total amount that the AMC has to disburse including the GST component of the distributors. So even AMCs cannot do anything to compensate for this paper loss.
    Meet Palan · 1 year ago
    When we consider distributable TER, GST component of MFD commission is actually not an expense to the AMCs since AMCs will take credit of the same while paying their GST dues. Thus, GST registered MFDs are actually at a loss to the extent of GST amount and the beneficiary is the AMCs since they are taking ITC of the same. Thus, we feel that AMCs should compensate the GST registered MFDs to the extent of GST amount on presenting the Tax Invoice and/or Challan.
    Reply
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