Categories: Income Tax

Tax Regime Specific to MF Investor applicable for FY 2024-25

Tax Regime Specific to Mutual Fund Investors in India applicable for the FY 2024-25

Equity-Oriented Mutual Funds (EOFs)

(Excluding Equity Oriented Fund of Funds)
Condition: STT must be paid on purchase and sale.

Investor Type STCG (≤ 12 months) LTCG (>12 months) Dividend Taxation TDS on Cap Gains TDS on Dividend
Resident Individual / HUF / AOP / BOI 15% (before 23 Jul)
20% (after 23 Jul)
10% (before 23 Jul)
12.5% (after 23 Jul; > ₹1.25 lakh)
Taxed at applicable slab rate (if opted) NIL 10%
Domestic Companies Same as above Same as above Taxed at applicable corporate rate NIL 10%
NRIs Same as above Same as above Taxed at 20% 15%/20% 20%

Note:

  • No indexation or foreign exchange fluctuation benefit under Section 112A.
  • FMV as on 31-Jan-2018 still applicable for grandfathering LTCG.

Specified Mutual Funds (as per Section 50AA)

Definition (FY 2024-25): Funds where ≤35% of proceeds are invested in domestic equity shares.

Investor Type STCG LTCG Dividend Taxation TDS on Cap Gains TDS on Dividend
Resident Individual / HUF / AOP / BOI Taxed at applicable slab rate Not applicable (All gains = STCG) Taxed at applicable slab rate NIL 10%
Domestic Companies 15%/22%/25%/30% depending on turnover/provisions Not applicable Taxed at applicable corporate rate NIL 10%
NRIs 30% (as STCG only) Not applicable Taxed at 20% 30% 20%

Examples of Specified Funds (FY 2024-25):

  • Fund of Funds (including overseas)
  • Debt Funds (Liquid, Gilt, Bond ETFs)
  • Gold ETFs
  • Infrastructure Debt Funds

Effective FY 2025-26, new definition applies (MFs with >65% in debt/money market instruments).

Other Mutual Funds (e.g., Hybrid / Non-EOFs)

Investor Type STCG LTCG Dividend Taxation TDS on Cap Gains TDS on Dividend
Resident Individual / HUF / AOP / BOI At applicable slab rate 20% (with indexation) or 12.5%11 Taxed at applicable slab rate NIL 10%
Domestic Companies 15%/22%/25%/30% 20% or 12.5% Taxed at corporate rate NIL 10%
NRIs 30% (STCG) 20% (Listed units)
10% (Unlisted units)
12.5% (Optional)
Taxed at 20% 30% (STCG) / 20% (LTCG) 20%

LTCG Indexation: Available on listed units. Optional 12.5% rate available without indexation or currency benefit. Key Notes and Amendments

  1. Section 50AA (effective FY 2023–24):
    All gains on specified mutual funds (≤35% equity) acquired on or after 1 April 2023 are treated as STCG, regardless of holding period.
  2. Post-23 July 2024 Tax Rates (as per Finance Act 2024):
    • STCG on EOFs: Increased from 15% → 20%
    • LTCG on EOFs: Increased from 10% → 12.5%, applicable on gains > ₹1.25 lakh
  3. TDS Threshold for Dividends:
    • No TDS if dividend paid to resident < ₹5,000/year.
    • For NRIs, TDS always applies @20%.
  4. Surcharge & Cess:
    • All tax rates are subject to surcharge and 4% Health & Education Cess.

Holding Period for Capital Gains Classification

Mutual Fund Type Transfer Date Listed Units Unlisted Units
Non-EOF & Non-specified Mutual Fund Before 23 July 2024 LTCG if held > 36 months LTCG if held > 36 months
On or after 23 July 2024 LTCG if held > 12 months LTCG if held > 24 months

Capital Gains Tax Rates (Section 112 / 112A)

 Residents

Type of Fund STCG LTCG
Equity-Oriented Funds 15% (before 23 Jul)
20% (after 23 Jul)
10% (before 23 Jul)
12.5% (after 23 Jul, above ₹1.25L)
Non-EOF / Debt Funds As per slab 20% with indexation (before 23 Jul)
12.5% without indexation (after 23 Jul)
Specified Mutual Funds As per slab Deemed STCG – taxed as per slab

NRIs

Fund Type STCG LTCG
Equity-Oriented Funds 15% / 20% 10% / 12.5% on gains > ₹1.25L
Listed Debt Funds 30% 20% with indexation (before 23 Jul)
12.5% without indexation (after 23 Jul)
Unlisted Debt Funds 30% 10% without indexation or currency benefit
12.5% (after 23 Jul, no indexation)
Specified Mutual Funds 30% All gains treated as STCG – taxed at 30%

TDS Rates

Nature of Income Resident Investors Non-Resident Investors
Capital Gains – STCG / LTCG No TDS 15% / 20% / 30% (as applicable)
Dividends (Total > ₹5,000/year) 10% 20% or DTAA rate (with TRC and disclosures)
No PAN (NRI) – Section 206AA Not applicable Higher of: 20% or rates in force (unless Rule 37BC conditions are met)
Non-filers – Section 206AB 2× applicable rate or 5% Not applicable to non-residents w/o PE

Corporate Taxation

Type of Domestic Company Applicable Tax Rate Conditions
Regular companies (turnover ≤ ₹400 crore in FY 22-23) 25% Default corporate tax
Companies under Section 115BAA 22% Opt-in; no MAT; no exemptions/deductions
New manufacturing cos. under Section 115BAB 15% Only on income from manufacturing; incidental income taxed at 22%

Surcharge & Cess

For Individuals / HUFs / AOPs

Income Range Surcharge
₹50 lakh to ₹1 crore 10%
₹1 crore to ₹2 crore 15%
₹2 crore to ₹5 crore 25%
> ₹5 crore 37%

 Cap on surcharge:

  • 15% for capital gains under Sections 111A, 112, and 112A
  • 25% cap if New Tax Regime (Section 115BAC(1A)) opted

Securities Transaction Tax (STT)

Transaction STT Rate Payable by
Purchase of EOF units Nil
Sale of EOF units (delivery-based on exchange) 0.001% Seller
Sale of EOF units (non-delivery) 0.025% Seller
Redemption of EOF units to the AMC 0.001% Seller

Special Provisions

  1. Bonus Stripping (Section 94(8)):
  • Loss from sale of original units disallowed if:
    • Acquired ≤ 3 months before record date; and
    • Sold ≤ 9 months after record date.
  • Disallowed loss added to cost of bonus units.
  • Applies also to REITs, InvITs, and AIFs.

Exemptions from Capital Gains:

Transaction Exemption Applicable
Consolidation of 2+ schemes within same category (EOF/non-EOF) Exempt
Consolidation of plans (e.g., dividend to growth) Exempt
Switching between plans (growth ↔ dividend) within a scheme Taxable transfer

Segregated Portfolio Taxation:

  • Cost apportioned between main and segregated portfolio.
  • Based on NAV ratio at time of segregation.

Definition of EOF (Section 112A):

A Fund of Fund (FoF) qualifies as an Equity-Oriented Fund if:

  • ≥90% in units of another fund traded on a recognised exchange
  • That fund invests ≥90% in equity shares of Indian listed companies

If not met, treated as non-EOF and taxed accordingly.

NRI-Specific Provisions

  • DTAA Override: Section 90(2) allows treaty benefits if TRC and supporting docs are submitted.
  • No PAN Relief (Rule 37BC): NRI can avoid 206AA (higher TDS) if Provides TRC, name, address, tax ID, country of residence, etc.
  • Section 206AB (Higher TDS for non-filers): Not applicable to NRIs without a PE in India.
Tags: Tax Regime
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