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  • Ask Us Not all equity FoFs have debt taxation

    Not all equity FoFs have debt taxation

    Ask us: FoFs that invest over 90% of its corpus in listed ETFs are considered as equity funds for taxation.
    Nishant Patnaik Jul 3, 2024

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    One of our readers wrote to us with this query.

    ETFs have some unique options and I would like to recommend ETFs but since these instruments are not so liquid, I am more comfortable with Fund of Fund (FoF) structure. However, I am concerned about the debt taxation applicable on FoF.

    Name withheld on request

    Dear Reader,

    Thanks for writing to us.

    There is a misconception that all FoFs have debt taxation. In reality, there are FoFs investing in equity instruments having an equity taxation structure.

    According to the section 112A of the Income Tax Act, if FoFs invest at least 90% of their corpus in units of any listed equity ETFs, they will be considered as equity-oriented funds for taxation purpose.

    For instance, if you wish to invest in large cap FoF investing over 90% of its units in Nifty 50 ETFs  and Nifty 100 ETFs, it will be considered as an equity fund for taxation.

    However, if FoF invest in units of actively managed equity funds, it will be considered as debt funds even as the underlying fund is equity.

    Since the units of actively managed schemes are not listed on stock exchanges, FoFs investing in them do not qualify for equity taxation.

    For international FoFs, the taxation will be of debt funds as the underlying indices are not listed on Indian stock exchanges.

    Currently, equity funds are taxed at 15% on short term capital gains and 10% on income exceeding Rs.1 lakh on long term capital gains. Long term capital gains tax is applicable after 12 months in equity funds.

    On the other hand, capital gains on debt funds are taxed at marginal rate i.e. gains are added to the annual income and taxed based on the tax slab of clients irrespective of holding period.

    Hope we have addressed your query!

    Regards,

    Team Cafemutual

     

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    2 Comments
    Saurabh Mittal · 5 months ago `
    As per my understanding, section 112 should be read in conjunction with 50AA, which provided for the amendment in March 2023. According to this equity-oriented FOF, which invests in equity ETF shall be covered in the definition of "specified mutual funds". As you mentioned under section 112, these funds enjoy equity taxation but will not enjoy long-term tax rates as per 50AA. So, the funds will be levied a tax of 15% on capital gain, whether short-term or long-term (12 months as per section 112).
    bhuvi khemani · 5 months ago `
    Any clarification on Saurabh Mittal's comment above
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