Taxability of Mutual Funds in India

Mutual funds have become one of the most popular investment avenues in India due to their potential for wealth creation, diversification benefits, and professional management. However, understanding their tax implications is crucial for effective financial planning.

The taxation of mutual funds in India is governed by the Income Tax Act, 1961, and varies based on factors such as the type of fund, the holding period, and the nature of returns. This article provides an in-depth understanding of how mutual funds are taxed in India, referencing relevant provisions of the Income Tax Act, 1961 and other applicable laws.

Types of Mutual Funds and Their Taxation

Mutual funds are primarily classified into three categories based on their asset allocation:

1. Equity-Oriented Funds: These funds invest at least 65% of their assets in equity shares of domestic companies. They are taxed differently from debt-oriented funds due to the inherent risk and long-term wealth creation potential.
2. Debt-Oriented Funds: These funds invest primarily in debt instruments such as bonds, treasury bills, and other fixed-income securities. Their taxation differs significantly from equity funds.
3. Hybrid Funds: Also known as balanced funds, these invest in a mix of equities and debt. The tax treatment of these funds depends on their equity exposure. If a hybrid fund has an equity exposure of 65% or more, it is treated as an equity-oriented fund for tax purposes; otherwise, it is taxed as a debt fund.

Taxation Based on Nature of Returns

Investors earn returns from mutual funds in two primary forms: dividends and capital gains. The taxation of these returns is as follows:

1. Dividend Income

Until the Finance Act, 2020, dividends were tax-free in the hands of investors because the fund houses paid a Dividend Distribution Tax (DDT) before distribution. However, from April 1, 2020, dividends are now taxed in the hands of investors as per their respective income tax slab rates under Section 56(2)(i) of the Income Tax Act, 1961.

Additionally, fund houses deduct Tax Deducted at Source (TDS) at a rate of 10% under Section 194K if the dividend payout exceeds INR 5,000 in a financial year.

2. Capital Gains Taxation

The profit realized from the sale of mutual fund units is termed as capital gains, and its tax treatment depends on the type of fund and the holding period.

a. Equity-Oriented Mutual Funds

• Short-Term Capital Gains (STCG): If an investor sells units within 12 months of purchase, the gains are taxed at 15% under Section 111A of the Income Tax Act.
• Long-Term Capital Gains (LTCG): If an investor holds units for more than 12 months, LTCG above INR 1 lakh in a financial year is taxed at 10% without indexation benefits under Section 112A.

b. Debt-Oriented Mutual Funds

• Short-Term Capital Gains (STCG): If an investor holds units for up to 36 months, the gains are added to their taxable income and taxed as per the individual’s applicable slab rate.
• Long-Term Capital Gains (LTCG): If an investor holds units for more than 36 months, LTCG is taxed at 20%with indexation benefits under Section 112.

c. Hybrid Mutual Funds

• If the fund holds 65% or more in equities, it is taxed like an equity fund.
• If the fund holds less than 65% in equities, it is taxed like a debt fund.

Equity-Linked Savings Scheme (ELSS) and Tax Benefits

ELSS funds are a type of equity mutual fund that offers tax benefits under Section 80C of the Income Tax Act, 1961. Investments in ELSS qualify for a tax deduction of up to INR 1.5 lakh in a financial year. However, ELSS funds come with a mandatory lock-in period of 3 years.

Securities Transaction Tax (STT)

A Securities Transaction Tax (STT) is applicable on the purchase and sale of mutual fund units. The STT is levied as follows:

• Equity-Oriented Funds: STT is levied at 0.001% on redemption.
• Debt-Oriented Funds: No STT is applicable.

Indexation Benefits for Debt Mutual Funds

Indexation helps adjust the purchase price of an asset for inflation, reducing the taxable capital gain. Under Section 48, investors in debt funds benefit from indexation when calculating LTCG tax.

Example: If an investor buys debt fund units in 2018 for INR 1,00,000 and sells them in 2023 for INR 1,50,000, instead of paying tax on INR 50,000 profit, they can apply indexation to increase the purchase price based on the Cost Inflation Index (CII).

Taxation of Systematic Investment Plans (SIP)

Each SIP installment is treated as a separate investment for tax calculation purposes. When units are redeemed, capital gains are computed for each installment based on the first-in, first-out (FIFO) method. If some units are sold within 12 months, they attract STCG, whereas units held for more than 12 months are subject to LTCG.

Taxation of International and Fund of Funds (FoFs)

Mutual funds that invest in foreign equities or in other mutual funds (FoFs) are taxed as debt funds regardless of their equity exposure. Therefore, capital gains are subject to the 36-month holding period rule.

Recent Amendments in Taxation of Mutual Funds

Finance Act, 2023: Changes to Debt Mutual Funds

A significant amendment introduced in Finance Act, 2023 impacts debt mutual funds:

• Mutual funds with less than 35% equity exposure are classified as Specified Mutual Fund Schemes under Section 50AA.
• Capital gains on these schemes are taxed as short-term capital gains, irrespective of the holding period.

Introduction of TDS on Mutual Fund Capital Gains

While TDS is not applicable on capital gains for resident Indians, NRIs face a TDS deduction of 30% on STCG and 20% on LTCG under Section 195.

Comparison of Tax Rates

Mutual Fund Type	Holding Period	STCG Tax Rate	LTCG Tax Rate
Equity Funds	Up to 12 months	15%	10% (above INR 1 lakh)
Debt Funds	Up to 36 months	As per slab rate	20% (with indexation)
Hybrid Funds (>65% Equity)	Up to 12 months	15%	10% (above INR 1 lakh)
Hybrid Funds (<65% Equity)	Up to 36 months	As per slab rate	20% (with indexation)

Conclusion

Understanding the taxation of mutual funds is crucial for investors to make informed decisions and optimize their tax liability. The tax treatment depends on multiple factors, including the type of fund, holding period, and income slab of the investor. With frequent changes in tax laws, investors should stay updated and consult tax professionals for strategic tax planning.

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