AIF - Category 3

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H Thakar (Querist)
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12 February 2024 One of my client had invested in Category 3 of AIF last year, and have redeemed the amount in current year. During that period the fund house had shown income generated from liquid funds net of TDS & also on redemption the fund has deducted TDS and have remitted the proceeds to bank account. I want to know how Net return on capital contribution will be taxed in the hands of Investor.
Will it be taxed at 15% as short term or some other ways?

Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
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06 July 2024 The taxation of income from investments in Category 3 Alternative Investment Funds (AIFs) can vary based on several factors, including the nature of income generated and the holding period of the investment. Here’s a general guideline based on the information provided:

1. **Nature of Income Generated by the AIF:**
- **Income from Liquid Funds:** If the AIF has generated income from investments in liquid funds, such income is typically treated as interest income or other income, depending on the specific nature (e.g., dividends, interest, capital gains).
- **Tax Deducted at Source (TDS):** The AIF deducts TDS on such income before distributing it to the investors. The rate of TDS depends on the type of income and applicable tax laws.

2. **Taxation of Income:**
- **Interest Income:** Income from liquid funds, if classified as interest income, is generally taxed at the applicable slab rate of the investor.
- **Other Income (such as dividends):** Other forms of income like dividends may be taxed differently, sometimes at a lower rate or even exempt from tax, depending on the specific circumstances and exemptions available.

3. **Redemption of Units (Capital Gains):**
- When the investor redeems units in the AIF, the difference between the redemption value and the cost of acquisition (adjusted for indexation, if applicable) is treated as capital gains.
- **Short-term Capital Gains (STCG):** If units are held for less than 36 months, gains are treated as short-term capital gains and taxed at the applicable slab rate of the investor. In your case, if the units were redeemed within one year, they would likely be considered short-term.
- **Long-term Capital Gains (LTCG):** If units are held for 36 months or more, gains are treated as long-term capital gains. As per current tax laws, LTCG on equity-oriented funds (including Category 3 AIFs investing in equities) exceeding ₹1 lakh in a financial year are taxed at 10% without indexation.

4. **Taxation of TDS:**
- The TDS deducted by the AIF is a pre-payment of the investor’s tax liability on the income distributed. The investor needs to include this income while computing their total taxable income for the year.
- The TDS amount can be claimed as a credit against the final tax liability computed at the time of filing the income tax return.

**Specific Considerations:**
- It’s crucial to review the specific income details provided by the AIF, including the nature of income (interest, dividends, capital gains) and the corresponding TDS deducted.
- Consultation with a tax advisor is recommended to ensure compliance with tax laws, optimal tax planning, and accurate reporting of income from AIF investments.

Given the complexity and specific details involved, seeking professional advice based on the exact nature of income and investment duration will ensure accurate tax treatment and compliance with tax laws.