Dividend Stripping and Bonus Stripping

Dividend Stripping:- Sec-94(7) of the Income Tax Act-1961, deals with the provisions related to the dividend stripping.

What does 'dividend stripping' means?

Dividend stripping is a attempt to reduce the tax liability, by an investor who invests in securities (i.e. shares, stock or debentures etc.) and units (Mutual fund units or units of UTI), shortly before the record date and getting a tax free dividend/income, and exiting after the record date at a price lower than the price at which, such securities/units were purchased and incurring a short-term capital loss.

The strategy behind dividend stripping is a two way strategy wherein-

• Investor gets tax free dividend (i.e. exempted u/s 10(34)/10(35))
• Incurs Short term capital loss (i.e. allowed to be set off and carry forward)

Record date:- Date fixed by a company or mutual funds for the purpose of entitlement of holders of securities or units, to receive dividend or other income.

Hence, provisions of Sec-94(7) come into force to curb the investors to gain double benefit, by way of dividend stripping. Sec 94(7) specified the conditions to be satisfied to attract the provisions of this section which are as follows:

Conditions to be satisfied to attract the provisions of Sec-94(7) :

Note: All the conditions are required to be satisfied to attract the provisions of Sec- 94(7) of Income Tax Act - 1961.

Consequence if above mentioned conditions are satisfied-

If the above mentioned conditions are met, then the short term capital loss, if any, arising to the investor on purchase and sale of such securities or units, not exceeding the amount of dividend or income received/receivable on such securities or units, shall not be considered while computing the total income chargeable to tax.

Even, u/s 94(7) the short term capital loss arising, shall not be allowed to be set-off or carried forward, to the extent of dividend or income received.

Notes:

1) According to the provisions of Sec-10(34) of IT Act 1961, dividend received on shares is exempt in the hands of shareholders. And as per Sec-10(35) dividend or any income received on units is exempt in the hands of unit holders.

2) According to the provisions of Sec-115BBDA, (introduced by Finance Act, 2017) exemption u/s 10(34) is not available if the amount of dividend exceeds Rs. 10Lakhs. Hence, if dividend received exceeds Rs. 10Lakhs then, such excess amount shall be chargeable to tax @ 10% in the hands of shareholders.

3) Sec-94 covers the holding of securities/units both as capital assets and as stock-in-trade. Hence Sec-94(7) would be applicable to both an investor and trader of securities/units.

Example: Mr. A purchases 10,000 equity shares of X Ltd. on 30th May, 2017 for Rs. 50 each. X Ltd.'s record date for declaration of dividend @ Rs. 5 per share, being 10th of August, 2017. Mr. A sold 7,000 equity shares at Rs. 35 per share on 28th September, 2017 and the balance 3,000 equity shares at Rs. 25 per share on 18th December, 2017.

- Total Short term capital Loss = Rs. 1,80,000/- (i.e. 1,05,000 + 75,000)
- Dividend exempt u/s 10(34) = Rs. 50,000/- (i.e. 35,000 + 15,000)

Consequence: According to the provisions of sec - 94(7) ,Out of the total short term capital loss of Rs. 1,80,000/-, loss amount to Rs. 35,000/- (i.e. amount equivalent to the dividend received on 7,000 shares) shall not be allowed to be set off or carried forward.

Hence, Only Rs. 1,45,000/- of Short term capital loss is allowed to be carried forward.

Bonus Stripping: Sec-94(8) of the Income Tax Act - 1961, deals with the provisions related to the Bonus stripping.

Bonus stripping provides, that the loss, if any, arising to an investor on account of purchase and sale of Original units shall be ignored for the purpose of computing his total income chargeable to tax, subject to the following conditions-

Conditions to be satisfied to attract the provisions of Sec-94(8):

*Provisions of Sec-94(8) are applicable only in respect of units and not for shares.

Hence, if the above conditions are met, the loss will be considered to be the cost of acquisition of the bonus units held on the date of sale. (Benefit of indexation is available on such cost of acquisition)

Notes:

1) The provisions of sec- 94(8) are applicable, even in case of units are held as stock-in-trade.

2) The provisions of sec- 94(8) are not applicable, in case all the additional units (bonus units) are transferred before the original units are sold.

For Example-1: Stanford mutual funds declare 1:1 bonus units on its units on 30th April, 2017. The record date for bonus units issue fixed to be 31st of May, 2017. Mr. A purchases 10,000 units (Original units) of Stanford mutual funds on 15th May, 2017 at a rate of Rs. 50 per unit. Mr. A sells 10,000 original units on 15th December, 2017 at a rate of Rs. 35 per unit.

Consequence:- According to the provisions of sec- 94(8) of IT Act - 1961, The Short term capital loss amount to Rs. 1,50,000/- shall not be considered in computing the total income and such short term capital loss shall neither be set off nor be carried forward.

Hence, the cost of acquisition of 10,000 bonus units shall be taken to be Rs. 1,50,000.

Example-2: If in above example, Mr. A sells 10,000 original units on 15th December, 2017 at a rate of Rs. 35 per unit and 7,000 units of such bonus units at a rate of Rs. 35 per unit on 20th December, 2017 then-

Consequence: According to the provisions of sec- 94(8) of IT Act - 1961, The Short term capital loss amount to Rs. 1,50,000/- shall not be considered in computing the total income and such short term capital loss shall neither be set off nor be carried forward. Hence, the cost of acquisition of 10,000 bonus units shall be taken to be Rs. 1,50,000.

*Cost of acquisition of 7,000 bonus units = 1,50,000 x 7,000 = Rs. 1,05,000
                                                                         10,000

The Short term capital gain on sale of bonus units Rs. 1,40,000 shall be taxable.

Example-3: If in example 1, Mr. A sells all the 10,000 bonus units on 20th October, 2017 at a rate of Rs. 35 per unit and 10,000 original units on 15th December, 2017 at a rate of Rs. 35 per unit then-

Consequence: In this case, the provisions of sec- 94(8) are not applicable since as on the date of sale of original units, the assessee does not hold any additional bonus unit. The Short term capital loss amount to Rs. 1,50,000 is allowed to set off and carried forward.

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