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It may noted that the tax rates / benefits as hereinabove mentioned are as available under the present taxation laws and are subject to fulfillment of stipulated conditions. The information given in included only for general purpose, regarding the law and practice currently ion force in India and the Investors should be aware that the relevant fiscal rules or their interpretation may change. In view of the individual nature of tax implication, each investor is advised to consult his / her own professional tax advisor / consultant to understand the tax implications in respect of his / her decision.
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TAX TREATMENT OF INVESTMENTS IN
MUTUAL FUNDS (Click here to download the Latest MF Tax Treatment as per Budget 2008) |
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Tax implication for the Fund in respect of its schemes (being an
equity oriented fund/other than equity oriented fund/money market mutual
fund/liquid fund) and the unit holders (on the assumption that units are not
held as stock-in-trade) as per the taxation laws in force:
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| I. PRINCIPAL MUTUAL
FUND |
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The entire income of
Fund registered under the Securities and Exchange Board of India Act, 1992 (15
of 1992) or regulations made thereunder will be exempt from income tax in
accordance with the provisions of section 10(23D) of the Income-tax Act, 1961.
Consequently, income received by the Scheme is not liable for deduction of tax
at source
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| A. SECURITIES TRANSACTION TAX
(STT) |
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| Principal Mutual Fund, is liable to
pay a securities transaction tax as follows: |
| Taxable Securities Transaction |
Rates (%)
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Purchase of an equity share in a
company or unit of an equity oriented fund, where
(a) the transaction of such purchase is entered into in a recognized stock
exchange; and
(b) the contract for the purchase of such share or unit is settled by the
actual delivery or transfer of such share or unit
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0.125
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Sale of an equity share in a
company or a unit of an equity oriented fund, where
(a) the transaction of such sale is entered into in a recognized stock
exchange; and
(b) the contract for the sale of such share or unit is settled by the actual
delivery or transfer of such share or unit
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0.125
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| Sale of a derivative, where the transaction of
such sale is entered in to a recognized stock exchange |
0.017
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| Sale of unit of an equity oriented fund to the
Mutual Fund |
0.25
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| Computation of STT: For better
clarity, some examples are listed below: |
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Redemption without
Exit load:
| Investment Amount: |
Rs. 10,000.00 |
| Purchase NAV: |
Rs. 10.00 |
| Units Allotted: |
1000.000 |
| Redemption NAV: |
Rs.15 |
| Gross redemption amount: |
Rs.15,000.00 |
| STT Rate: |
0.25% |
| Net redemption Amount : |
Rs.14,962.50 |
| STT: |
Rs.37.50/- |
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Redemption with Exit load
(wherever applicable):
| Investment Amount: |
Rs. 10,000.00 |
| Purchase NAV: |
Rs. 10.00 |
| Units Allotted: |
1000.000 |
| Redemption NAV: |
Rs.15 |
| Exit Load |
0.25% |
| Exit Price |
14.9625 |
| Gross redemption amount: |
Rs.14,962.50 |
| STT Rate: |
0.25% |
| Net redemption Amount : |
Rs.14,925.09 |
| STT: |
Rs.37.41/- |
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The value of a taxable
securities transaction will be as follows.
In the case of a taxable securities transaction relating to “option in
securities”, the aggregate of the strike price and the option premium of such
“option in securities”
In the case of a taxable securities transaction relating to “futures”, the
price at which such “futures” are traded; and
In the case of any other taxable securities transaction, the price at which
such securities are purchased or sold.
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“Taxable securities
transaction” has been defined as a purchase or sale of equity shares in a
company or a derivative or a unit of an equity oriented fund, entered into a
recognized stock exchange; or sale of a unit of an equity oriented fund to the
Mutual Fund
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| B. DIVIDEND DISTRIBUTION TAX |
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Under section 115R of the Income
tax Act, 1961, any amount of income distributed by Mutual Fund to its
unitholders is chargeable to tax. As per prevailing taxation laws in force, the
Dividend Distribution Tax payable by Principal Mutual Fund on Income
Distributed to its unitholders is as under:
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| Nature of the Fund |
Individual / HUF (%)
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Others (%)
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| Tax on Income Distributed by a Money Market Mutual Fund^ or a
Liquid Fund^^ |
25*
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25*
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| Tax on Income Distributed by a Fund other than an Equity
Oriented Fund (Not being a Money Market Mutual Fund or a Liquid Fund) |
12.50*
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20*
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| Tax on Income Distributed by a Equity Oriented Fund # |
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-
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* Plus applicable
surcharge, education cess and secondary & higher education cess.
^ “Money Market Mutual Fund” means 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” means a scheme or plan of a Mutual Fund which is
classified by 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 or regulations made thereunder.
# “Equity Oriented Funds” means “such fund where the investible funds are
invested by way of equity shares in domestic companies to the extent of more
than Sixty five percent of the total proceeds of such fund”. The percentage of
Equity share holding of the fund shall be computed with reference to the annual
average of the monthly averages of the opening and closing figures.
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| II. UNITHOLDERS |
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| A. DEDUCTION FROM INCOME UNDER SECTION 80C IN
RESPECT OF EQUITY LINKED SAVINGS SCHEMES (“ELSS SCHEMES”): |
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An investment by an Individual or a
Hindu Undivided Family in the ELSS scheme will entitle the investor to a
deduction from their Gross Total Income as provided under clause (xiii) of
section 80C(2) of the Income Tax Act, 1961. The maximum deduction permissible
under this section is Rs. 100,000/- in a year, subject to availability of gross
total income of the assessee.
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| B. IN RESPECT OF INCOME DISTRIBUTION: |
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Under the provisions of section
10(35) of the Income-tax Act, 1961, income received by all categories of
unitholders from the Scheme will be exempt from income tax in their hands. In
view of this position, no tax needs be deducted at source from such
distribution by the scheme. However, income from the transfer of Units of a
mutual fund is not exempt from taxation.
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| C. IN RESPECT OF LONG TERM CAPITAL GAINS |
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| i. Equity Oriented Schemes |
Long term capital gains arising on
or after October 01, 2004 (i.e. after the date on which the STT comes into
force) from the transfer of units of an Equity Oriented scheme (as defined u/s.
115T of the Income Tax Act, 1961) would be exempt from Income-Tax as per
section 10(38) of the Income-Tax Act, 1961. The mutual fund would recover STT @
0.25% from the unitholder when units are re-purchased by the mutual fund/
redeemed by the investor
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| ii. Mutual Fund units other than those of
Equity Oriented Schemes |
| Long term capital gains arising from the transfer
of units other than Equity Oriented Schemes would be chargeable to tax as
under: |
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| a) For Individuals and HUFs (including Non
Resident Indians) |
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Long-term Capital Gains in respect of Units held for a period of
more than 12 months are chargeable under section 112 of the Income-Tax Act,
1961 at the rate of 20% (plus applicable surcharge, education cess and
secondary & higher education cess). Capital gains would be computed after
taking into account cost of acquisition, as adjusted by Cost Inflation Index
notified by the Central Government and expenditure incurred wholly and
exclusively in connection with such transfer. In a case, where taxable income,
as reduced by long term capital gains, is below the exemption limit, the long
term capital gains will be reduced to the extent of the shortfall and only the
balance long term capital gains will be charged at the flat rate of 20% (plus
applicable surcharge, education cess and secondary & higher education
cess).
It is further provided that an assessee will have an option to
seek concessional rate of tax of 10% (plus applicable surcharge, education cess
and secondary & higher education cess), provided the long term capital
gains are computed without substituting indexed cost in place of actual cost of
acquisition.
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| b) For Partnership Firms, Indian
Companies/Foreign Companies |
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Long-term Capital Gains in respect of units held for a period of
more than 12 months will be chargeable under section 112 of the Income-Tax Act,
1961, at the rate of 20% (plus applicable surcharge, education cess and
secondary & higher education cess). Capital gains would be computed after
taking into account cost of acquisition, as adjusted by Cost Inflation Index
notified by the Central Government, and expenditure incurred wholly and
exclusively in connection with such transfer.
It is further provided that an assessee will have an option to avail of the
concessional rate of tax of 10% (plus applicable surcharge, education cess and
secondary & higher education cess) on long term capital gains computed
without adjusting cost for indexation.
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| c) For Overseas Financial Organisations, and
Foreign Institutional Investors fulfilling conditions laid down under section
115AB and 115AD respectively |
Under section 115AB/115AD of the
Income-Tax Act, 1961, long term capital gains in respect of units held for a
period of more than 12 months will be chargeable at the rate of 10% (plus
applicable surcharge, education cess and secondary & higher education
cess). Such gains would be calculated without indexation of cost of
acquisition.
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| d) Setting Off Previous Year’s Brought Forward
Losses |
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Loss arising on transfer of a long term capital asset can be set
off only against other long term capital gains and not against any other
income. If there is nil or inadequate long term capital gains in any year, the
loss remaining will be allowed to be carried forward to the next year upto a
maximum of 8 years.
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| D. SHORT TERM CAPITAL GAINS: |
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| i. Equity Oriented Schemes |
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Short term capital gains arising on or after October 01, 2004
(i.e. after the date on which the STT comes into force) from the transfer of
units of an equity oriented scheme (as defined under Section 115T of the Income
Tax Act, 1961) would be charged to tax u/s. 111-A of the Income Tax Act, 1961 @ 10% (plus applicable surcharge, education cess
and secondary & higher education cess). The mutual fund would recover STT @
0.25% from the unitholder when units are re-purchased by the mutual fund/
redeemed by the investor
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| ii. Mutual Fund units other than Equity Oriented
Schemes |
| Short term capital gains arising from the transfer
of units other than Equity Oriented Schemes would be chargeable to tax as
under: |
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| a. Capital Gains/Losses |
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Short term capital gains are taxed at the normal rates
applicable to each unitholder. Loss arising on transfer of a short term capital
asset can be set off only against other short term capital gains or long term
capital gains. If there is nil or inadequate capital gains in any year, the
loss remaining will be allowed to be carried forward to the next year upto a
maximum of 8 years.
As per section 94(7), if any person buys or acquires units
within a period of three months prior to the record date fixed for declaration
of dividend, or distribution of income, and sells or transfers the same within
a period of nine months from such record date, then capital losses arising from
such sale to the extent of dividend or income received or receivable on such
units will be ignored for the purpose of computing his income chargeable to
tax.
Similarly, as per section 94(8), if any person buys or acquires
units within a period of three months prior to the record date fixed for
declaration of bonus units and sells or transfers the same within a period of
nine months from such record date, then capital losses arising from such sale
will be ignored for the purpose of computing his income chargeable to tax and
the loss so ignored shall be deemed to be the cost of the bonus units.
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| b. Income Tax Rates |
Short term Capital Gains in respect
of Units held for a period of not more than 12 months is added to the total
income. Total income including short-term capital gains is chargeable to tax as
per the relevant slab rates. The maximum marginal tax rates applicable to
different categories of assessees are as follows:
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Resident individuals and HUF - 30% ^
Domestic Companies - 30% ^
Foreign Companies - 40% ^
Partnership Firms - 30% ^
Non Resident Indians - 30% ^ |
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| E. TAX DEDUCTION AT SOURCE |
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| (i) Under section 195/196B/196D of the
Income Tax Act, 1961, tax shall be deducted at source in respect of capital
gains as under: |
a. In case of non resident other than a company -
Long term capital gains (other than Equity oriented schemes) - 20% ^
Short term capital gains - 30%^ |
In case of foreign company -
Long term capital gains (other than Equity oriented schemes) - 20% ^
Short term capital gains - 40%^ |
c. In case of Offshore Fund and FIIs as defined in
Section 115AB
Long term capital gains - 10% ^ |
| ^ plus applicable surcharge, education cess and
secondary & higher education cess. |
As per circular no. 728 issued by
CBDT in October 1995, in the case of a remittance to a country with which a
Double Taxation Avoidance Agreement (DTAA) is in force, the tax should be
deducted at the rate provided in the Finance Act of the relevant year or at the
rate provided in DTAA between India and that country whichever is more
beneficial to the tax payer.
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| F. EXEMPTION FROM TAX ON CAPITAL GAINS ARISING
ON TRANSFER OF UNITS HELD FOR MORE THAN 12 MONTHS (WHEREVER APPLICABLE) |
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| U/S. 54EC of the Income Tax Act, 1961 |
Under section 54EC of the Income
Tax Act, 1961, where a tax payer has made long term capital gains from the
transfer of units held in the Mutual Fund for a period exceeding 12 months and
the assessee has any time within a period of 6 months after the date of such
transfer, invested the whole of the capital gains in any of the specified
assets i.e., in bonds redeemable after 3 years issued by the National Bank for
Agriculture and Rural Development, or by the National Highways Authority of
India or by the Rural Electrification Corporation Limited or by The National
Housing Bank or by the Small Industries Development Bank of India, such capital
gains shall be exempted from tax on capital gains under section 54EC of the
Income Tax Act, 1961. However, if the assessee has invested only a part of the
capital gains, he will be eligible for proportionate exemption.
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| U/S 54ED of the Income Tax Act, 1961 |
Under Section 54ED, whereby the
capital gains arising from the transfer (before the 1 st day of April 2006) of
units held in the mutual fund for a period exceeding 12 months will be exempt,
if the assessee has, any time within a period of 6 months after the date of
such transfer, invested the whole of the capital gains in acquiring equity
shares forming part of an eligible issue of capital. However, if the assessee
has invested only a part of the capital gains, he will be eligible for
proportionate exemption. An eligible issue of capital means an issue of equity
shares offered for subscription to the public by a public company formed and
registered in India.
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| Indirect Tax impact on investors due to tax impact
on the scheme: |
The scheme may be impacted by the
rates of taxation on capital gains, interest and other corporate actions on
investment by non resident mutual funds, in different countries of investment,
in line with the prevailing tax laws in those countries of investment, as also
in line with the respective tax treaties in existence with India
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| G. INVESTMENTS BY CHARITABLE AND RELIGIOUS
TRUSTS IN THE SCHEME |
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Units of the Scheme constitute an
eligible avenue for investment by charitable or religious trusts per rule 17C
of the Income Tax Rules, 1962, read with clause (xii) of sub-section (5) of
section 11 of the Income Tax Act, 1961.
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| H. WEALTH TAX |
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Units held under the Scheme are not
treated as assets within the meaning of section 2(ea) of the Wealth Tax Act,
1957 and are, therefore, not liable to Wealth-Tax.
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