The Finance Bill 2023 has made several announcements, including the one on market-linked debentures. According to this, grandfathering will not be extended to market-linked debentures. Market-linked debentures(MLDs) are non-convertible in nature where the returns are not fixed but linked to the market. It was expected that MLDs will come under the purview of grandfathering.
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The grandfather clause is defined as part of a new rule or law that does not apply to a particular group of people, allowing them to continue following the old rule or law.
As part of Budget 2023 proposals, it was said that capital gains as a result of the transfer or redemption or maturity of market-linked debentures will be deemed as short-term capital gains and taxable at applicable slab rates from April 1, 2023. These gains were earlier claimed to be equity in nature and taxed depending on the holding period of the instrument.
Since the provisions will be applicable from the next financial year, existing MLDs held for long-term capital gain (LTCG) benefit to be redeemed on or after April 1, 2023, will lead to higher tax outgo. No grandfathering has been introduced, which means investors will have to sell off their investments by March 31, 2023 to tap the existing benefit of a lower tax rate of LTCG, experts say.
In separate proposals, the government has said that investments in mutual funds where not more than 35 percent is invested in equity shares of Indian company will now be deemed to be short-term capital gains. This will apply to investments made on or after April 1, 2023. Also, debt funds held for more than three years will no longer enjoy indexation benefits. Additionally, they won't be eligible for a 20 percent tax rate.
As of now, debt mutual funds are treated as long-term investments if held for more than 3 years and taxed at the rate of 20 percent along with indexation benefits or 10 percent without indexation. Those with a holding period of less than 3 years are taxed according to their tax slab.
With the changes, investments in debt mutual funds will be taxed as short-term capital gains only. There will be no indexation benefit and tax at a 20 percent rate.
First Published: Mar 24, 2023 1:28 PM IST
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