Units held as investments is applicable to tax rates and will depend on whether the gain on sale of units is classified as a short term capital gain or a long term capital gain. As per section 2 (42 A) of the Act, units of the scheme held as a capital asset, for a period of more than 12 months immediately preceding the date of transfer, will be treated as long-term capital assets for the computation of capital gains; in all other cases, they would be treated as short-term capital assets.
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Equity Funds |
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Tax Rate $ Refer to Note 2 |
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Short-term capital gains & [applicable to all investors including NRIs/PIOs and Foreign Institutional Investors (FII)] |
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15% * |
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Long- term capital
gains & |
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Nil |
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& on sale either to the Mutual Fund or on
a recognized stock exchange * plus surcharge and education cess
as may be applicable (refer Note 2). In case of non-resident investors,
the above rates would be subject to applicable treaty relief.
$ Additionally, STT would be payable at the rates specified in
para on STT.
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Income/Liquid Funds |
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Tax Rate Refer to Note 2 |
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Short-term capital
gains [Foreign Institutional Investors (FII)]. For others,
taxed at normal tax rates (as explained in Note 1). |
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30% * |
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Long- term capital
gains [Foreign Institutional Investors (FII)] |
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10% (without indexation) |
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Long- term capital
gains [Others] |
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20%* (with indexation)
or 10%* (without indexation), whichever less. |
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*plus surcharge and education cess as may
be applicable (refer Note 2). In case of non-resident investors,
the above rates would be subject to applicable treaty relief.
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TDS |
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Equity |
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Debt & Liquid |
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Resident Investors |
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No tax is required to be deducted at source from capital gains |
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No tax is required to be deducted at source from capital gains |
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Non-Resident Indian / Person of Indian Origin |
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Short term capital gains : 15 % (plus surcharge and education cess)
Tax on long term capital gains : Nil. For administrative convenience, the Fund will deduct 10% surcharge in all cases.
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Short term capital gains: 30% (plus surcharge and education cess). Tax on long term capital gains: 20% ^ (plus surcharge and education cess). |
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Foreign Institutional Investors |
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No tax has to be deducted on redemption/sale proceeds |
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No tax has to be deducted on redemption/sale proceeds |
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Non-Resident Corporates |
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Short term capital gains: 15 % (plus surcharge and education cess). Tax on long term capital gains : Nil. For administrative convenience, the Fund will deduct 2.5% surcharge in all cases. |
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Short term capital gains: 40% (plus surcharge and education cess). Tax on long term capital gains: 20% ^ (plus surcharge and education cess). |
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^ Considering the indexation benefit. For administrative convenience, the Fund will
deduct 10% surcharge in all cases. All the above non-resident investors may also claim the tax treaty benefits available, if any. For details of applicability and eligibility of such benefits, the investors are requested to consult their tax advisors.
STT
On sale of the units of an equity oriented fund (as defined below) on a recognized stock exchange or to the Mutual Fund, the investor will also be charged with Securities Transaction Tax ('STT') as per the rates specified in para on STT, provided the transaction is also considered as a taxable securities transaction. In other cases, STT is not levied.
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STT |
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Tax Rate |
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Sale of unit of an equity oriented fund to a Mutual Fund |
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0.25% |
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Provisions regarding Dividend income and Bonus
- According to the provisions of Section 94(7) of the Act, losses
arising from the sale/redemption of units purchased within 3
months prior to the record date (for entitlement of dividends)
and sold within 9 months after such date, is disallowed to the
extent of income on such units (other than on sale/redemption)
claimed as tax exempt.
- According to the provisions of Section 94(8) of the Act, if
an investor purchases units within 3 months before the record
date (for entitlement of bonus) and sells/redeems the units
within 9 months after that date, and by virtue of holding the
original units, he becomes entitled to bonus units, then the
loss arising on transfer of original units shall be ignored
for the purpose of computing his income chargeable to tax. In
fact, the loss so ignored will be treated as cost of acquisition
of such bonus units.
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Dividend Distribution Tax ('DDT') |
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Mutual Fund will be required to pay dividend distribution tax ('DDT') as follows |
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Equity Funds |
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Income & Liquid |
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Money Market / Liquid |
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HUF & Individuals |
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Nil |
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14.1625% * |
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28.325% * |
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Others / Corporates |
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Nil |
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22.6600% * |
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28.325% * |
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* including a surcharge of 10% and an additional surcharge by way of education cess of 3% on the amount of tax plus surcharge
Religious and Charitable Trusts Investments in the units of the schemes of the Mutual Fund by Religious and Charitable Trusts is an eligible investment under Section 11(5) of the Act, read with Rule 17C of the Income-tax Rules, 1962.
Wealth Tax Units are not to be treated as assets as defined under Section 2(ea) of the Wealth-Tax Act, 1957 and 42 hence will not be liable to wealth-tax.
Note 1: Effective 1 April 2008, the individuals (including NRIs / PIOs) and HUFs, are proposed to be taxed in respect of their total income at the following rates:
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Slab |
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Tax rate * Refer to Note 2 |
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Total income upto Rs.1,50,000# |
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Nil |
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More than Rs.150,000# but upto Rs.300,000 |
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10% of excess over Rs.150,000# |
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More than Rs.300,000 but upto Rs.500,000 |
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20% of excess over Rs. 300,000 + Rs.15,000$ |
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Exceeding Rs.500,000 |
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30% of excess over Rs 500,000 + Rs.55,000$. |
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* plus surcharge and education cess as may be applicable (refer Note 2).
# for resident females below sixty-five years of age, Rs.150,000 has to be read as Rs.180,000 and for resident senior citizens above sixty-five years of age, Rs.150,000 has to be read as Rs.225,000
$ for resident females below sixty-five years of age, Rs.15,000 has to be read as Rs.12,000 and Rs.55,000 has to be read as Rs 52,000. Similarly for resident senior citizens above sixty-five years of age, Rs. 15,000 has to be read as 7,500 and Rs.55,000 has to be read as Rs. 47,500.
Domestic Companies
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Slab
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Tax rate
* Refer to Note 2 |
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For domestic companies |
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30% * |
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For foreign companies |
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[plus applicable surcharge (as per note 2) and education cess]
Note 2
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Assessee |
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Rate of surcharge applicable |
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Individuals (including NRIS/ PIOs), HUFs, Non-Corporate FIIs : Taxable income =< Rs.10 Lakhs p.a. |
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No basic surcharge. Surcharge : Education cess of 3% is payable on the total amount of tax |
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Individuals (including NRIs/ PIOs), HUFs and Noncorporate FIIs : Taxable income > Rs. 10 Lakhs p.a |
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10% basic surcharge. Additional surcharge : Education cess of 3% is payable on the total amount of tax plus surcharge |
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Domestic companies
: Taxable income =<Rs.10 Lakhs |
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No basic surcharge.
Surcharge : Education cess of 3% is payable on the total
amount of tax |
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Domestic companies
: Taxable income >Rs.10 Lakhs |
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10% basic surcharge.
Additional surcharge : Education cess of 3% is payable
on the total amount of tax plus surcharge |
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Foreign Companies (including
corporate FII) : Taxable income =<10 Lakhs |
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No basic surcharge.
Additional surcharge: Education cess of 3% is payable
on the total amount of tax plus surcharge |
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Foreign Companies (including
corporate FII) : Taxable income >Rs.10 Lakhs |
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2.5% basic surcharge.
Additional surcharge: Education cess of 3% is payable
on the total amount of tax plus surcharge |
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Footnote
"Equity oriented fund" is defined to mean a fund -
- where the investible funds are invested by way of equity shares in domestic companies to the extent of more than 65% of the total proceeds of such fund; and
- which has been set up under a scheme of a Mutual Fund specified in section 10 (23D) of the Act.
"Money market mutual fund" is defined to mean a money market mutual fund as defined in sub-clause (p) of clause (2) of the Securities and Exchange Board of India (Mutual Funds) Regulations, 1996.
"Liquid fund" is defined to mean a scheme or plan of a mutual fund which is classified by the Securities and Exchange Board of India as a liquid fund in accordance with the guidelines issued by it in this behalf under the Securities and Exchange Board of India Act, 1992 (15 of 1992) or regulations made there under.
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