Taxation of MF under Income Tax Act

"Dividend and Capital gain taxation in the hands of investors in Mutual Fund Schemes from 1 April 2010 (The Finance Bill, 2010 has received assent from the President on 8 May 2010)"   Individuals Corporates NRI *   Dividend Equity schemes Tax free Tax free Tax free Debt schemes Tax free Tax free Tax free   Dividend distribution tax Equity schemes Nil Nil Nil   Money market and Liquid schemes 25% + 7.5% surcharge + 3% cess 25% + 7.5% surcharge + 3% cess 25% + 7.5% surcharge + 3% cess   27.68% 27.68% 27.68%   Other schemes 12.5% + 7.5% surcharge + 3% cess 20% + 7.5% surcharge + 3% cess 12.5% + 7.5% surcharge + 3% cess   13.84% 22.15% 13.84%   Long term Capital gains (Units held for more than 12 months) Equity schemes 1 Nil Nil Nil   Debt schemes 10% without indexetion or 20%  with indexetion whichever is lower + 3% cess 10% without indexetion or 20%  with indexetion whichever is lower+7.5% surcharge + 3% cess 10% without indexetion or 20%  with indexetion whichever is lower + 3% cess   Without indexetion 10.30% 11.07% 10.30% 3 With indexetion 20.60% 22.15% 20.60% 3     Short term Capital gains (Units held for 12 months or less) Equity schemes 1 15% + 3% cess 15% + 7.5% surcharge + 3% cess 15% + 3% cess   15.45% 16.61% 15.45% 3   Debt schemes 30% + 3% cess 30% +7.5% surcharge + 3% cess 30% + 3% cess   30.90% 33.22% 30.90% 2 & 3 1 STT @ 0.25% will be deducted on equity funds at the time of redemption and switch to the other schemes 2 For foreign corporates, the rate applicable would be 40% + 2.5% surcharge + 3% cess i.e. 42.23% 3 The short term/long term capital gain tax will be deducted at the time of redemption of units in case of non-resident investors only The rates that will be applied by the AMC at the time of redemption would be as follows Tax Deducted at Source (Applicable only to NRI Investors)   Short term Long term Equity 15.45% NIL Debt 30.90% 20.60% "In terms of section 206AA of the Act, w.e.f. 1st April, 2010 it will be mandatory for every person including a non-resident who is entitled to receive any sum or income or amount, on which tax is deductible, to furnish his/her Permanent Account Number ('PAN'), failing which tax will be deducted at higher of the following rates: - the rate specified in the relevant provision of the Act; - at the rate or rates in force i.e., the rate mentioned in the Finance Act; or - at the rate of 20%. -Furnishing of PAN becomes critical in cases where the gains earned by the investors are taxed at a rate lower than the rate applicable under section 206AA of the Act. Equity scheme means an "equity oriented fund" which is defined in the Income-tax Act, 1961 ('the Act'), as a fund where the investible funds are invested by way of equity shares in domestic companies to the extent of more than 65% of the total proceeds of such fund. The expression "money market mutual fund" has been defined under Explanation (d) to Section 115T of the Act, which means a scheme of a mutual fund which has been set up with the objective of investing exclusively in money market instruments as defined in sub-clause (p) of clause (2) of the Securities and Exchange Board of India (Mutual Funds) Regulations,1996. The expression" liquid fund" has been defined under Explanation (e) to Section 115T which means a scheme or plan of a mutual fund which is classified by the Securities and Exchange Board of India as a liquid fund in accordance with the guidelines issued by it in this behalf under the Securities and Exchange Board of India Act, 1992 or regulations made thereunder.