Rationalization of Taxation for Business Trusts: Key Amendments in the Finance (No. 2) Act, 2024



Quick Summary
The Finance (No. 2) Act, 2024, has introduced important amendments to the special taxation regime for business trusts, including Real Estate Investment Trusts (REITs) and Infrastructure Investment Trusts (InvITs). These changes aim to clarify tax treatment, particularly concerning long-term capital gains, and will be effective from 1st April 2026, applying to assessment year 2026-27 onwards.

Rationalisation in taxation of Business trusts

Finance (No.2) Act, 2014 introduced a special taxation regime for Real Estate Investment Trust (REIT) and Infrastructure Investment Trust (InVIT) [commonly referred to as business trusts]. The  special regime was introduced in order to address the challenges of financing and investment in  infrastructure. The business trusts invest in special purpose vehicles (SPV) through equity or debt  instruments.  

Business Trust Tax Changes: Finance Act 2024 Amendments

2.  Keeping in mind the business structure, the special taxation regime under section 115UA of the Act, inter-alia, provides a pass-through status to business trusts in respect of interest income, dividend  income received by the business trust from a special purpose vehicle in case of both REIT and InvIT  and rental income in case of REIT. Such income is taxable in the hands of the unit holders unless specifically exempted.

3. Sub-section (2) of section 115UA provides that the total income of a business trust shall be  charged to tax at the maximum marginal rate, subject to the provisions of section 111A and section 112. 

4.  It has been noted that reference of section 112A is not mentioned in sub-section (2) of section 115UA. Section 112A provides tax on long-term capital gains in certain cases of long-term capital asset  being an equity share in a company or a unit of an equity oriented fund or a unit of a business trust.   

5. It is proposed to amend sub-section (2) of section 115UA to provide that the total income of a business trust shall be charged to tax at the maximum marginal rate, subject to the provisions of section 111A, section 112 as well as section 112A. 

6.  This amendment will take effect from the 1st day of April, 2026 and shall accordingly, apply in relation to the assessment year 2026-27 and subsequent assessment years. 

[Clause 25] 

FAQ :

The special taxation regime was introduced to address challenges in financing and investment, particularly in infrastructure, and provides a pass-through status for certain income types for REITs and InvITs.

Business trusts generally have a pass-through status for interest income, dividend income received from a special purpose vehicle, and rental income (in the case of REITs).

The previous version of Section 115UA(2) did not explicitly mention Section 112A, which deals with tax on long-term capital gains on certain assets.

The amendment proposes to include Section 112A within Section 115UA(2), ensuring that long-term capital gains are correctly accounted for under the business trust tax regime.

These amendments will take effect from 1st April 2026, applying to assessment year 2026-27 and subsequent assessment years.




News posted by

Finance news reporter covering taxation, GST, income tax, business compliance, and economy updates. I simplify complex financial topics into easy-to-understand articles for professionals, taxpayers, and business owners on leading finance and tax platforms.

Comments :


More »

Popular News





CCI Pro



Company
Featured ARTICLESHIP 28 October 2026
CA- Inter and Articles

N N V Satish & Co.,

Hyderabad

CA Inter

View Details
Company
14 October 2026
Accountant

Rize.farm

Bengaluru

B.Com

View Details
Company
ARTICLESHIP 29 October 2026
Article Assistant (CA Inter / CMA Inter) - Thrissur

Varma Raja & Associates

Thrissur

CA Inter

View Details
Company
ARTICLESHIP 07 October 2026
Article Assistant

Malhotra Rajesh & Associates

New Delhi

B.Com

View Details
Company
28 October 2026
Assistant Director/ Associate Director-Finance & Accounting

Krea University

Chennai

CA

View Details
Company
ARTICLESHIP 07 October 2026
Article Trainee/ CMA Trainee

RMA And Associates LLP

New Delhi

CA Inter

View Details
Company
07 October 2026
Senior Account Manager

Amplio Invest

Mumbai

M.Com

View Details
Company
24 October 2026
CA Industrial Trainee

Fytomax Nutrition Private Limited

Aurangabad

CA Inter

View Details