Informist, Monday, Aug 5, 2024
--Source: Govt may cut tax on derivative deal with non-bk unit in GIFT
--Source: Fin Bill to facilitate tax cut on derivative deal in GIFT
By Krity Ambey
NEW DELHI – The government may allow tax exemption to Foreign Portfolio Investors investing in offshore derivative instruments issued by non-banking units at the International Financial Services Centre in Gujarat International Finance Tec-City, a finance ministry official said. This will make the tax treatment at par with similar instruments issued by banking units at GIFT city.
The government may include the provision to facilitate the exemption in the Finance Bill 2024, likely to be presented in Parliament this week, the official told Informist.
The International Financial Services Centre Authority, the regulatory body of GIFT-IFSC, had in May allowed non-banking units — such as brokers, dealers and fund managers registered with the Securities and Exchange Board of India — to issue offshore derivative instruments with Indian securities as underlying at GIFT-IFSC. Before that, only banking units could issue such derivative instruments that include non-deliverable forward contracts.
Section 10(4E) of the Income Tax Act exempts tax on the investment in offshore derivative instruments issued by banking units. "We want to extend the benefits under Section 10(4E) to non-banking entities also," the official said.
"Non-bank units issuing offshore derivative instruments would be category III AIFs (Alternate Investment Funds)," the official said. Category III Alternate Investment Funds allow private investment in public equity funds. This category of Alternate Investment Funds also includes hedge funds. The minimum ticket size for investment in category III Alternate Investment Funds is $150,000.
Currently, there is lack of clarity on classification of offshore derivative instruments — whether they can be classified as capital assets or business assets — issued by non-banking units, said Keyur Shah, Financial Services Leader and Tax Partner at EY India. "If classified as capital assets, long term and short term capital gains tax will be applicable on the income earned."
"If classified as a business asset, it will come under corporation tax if the investor is corporate," Shah told Informist. Besides this, the tax rate will also depend on whether the buyer is from a country with which India has a tax treaty or not, Shah added.
The tax exemption may help the government simplify the taxation of offshore derivative instruments. While the exemption was not announced in the Budget for 2024-25 (Apr-Mar), after a discussion with the Prime Minister's Office, the finance ministry has decided to include it in the Finance Bill, said the official quoted above.
The Prime Minister's Office has also asked the finance ministry to include provisions in the Finance Bill to relax the applicability of deemed dividends for finance companies and treasury centres set in the IFSC, the ministry official said.
GIFT City is a special economic zone set up by the government to boost foreign investments in Indian assets. The government allows tax concessions on investments in several assets traded there.
The Gandhinagar-based financial services centre currently offers trading in a wide range of products, including index derivatives, currency derivatives, single stock derivatives, commodity futures, real estate investment trust, or REITs, and Infrastructure Investment Trust, or InvITs. End
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Informist, Monday, Aug 5, 2024
--Source: Govt may cut tax on derivative deal with non-bk unit in GIFT
--Source: Fin Bill to facilitate tax cut on derivative deal in GIFT
By Krity Ambey
NEW DELHI – The government may allow tax exemption to Foreign Portfolio Investors investing in offshore derivative instruments issued by non-banking units at the International Financial Services Centre in Gujarat International Finance Tec-City, a finance ministry official said. This will make the tax treatment at par with similar instruments issued by banking units at GIFT city.
The government may include the provision to facilitate the exemption in the Finance Bill 2024, likely to be presented in Parliament this week, the official told Informist.
The International Financial Services Centre Authority, the regulatory body of GIFT-IFSC, had in May allowed non-banking units — such as brokers, dealers and fund managers registered with the Securities and Exchange Board of India — to issue offshore derivative instruments with Indian securities as underlying at GIFT-IFSC. Before that, only banking units could issue such derivative instruments that include non-deliverable forward contracts.
Section 10(4E) of the Income Tax Act exempts tax on the investment in offshore derivative instruments issued by banking units. "We want to extend the benefits under Section 10(4E) to non-banking entities also," the official said.
"Non-bank units issuing offshore derivative instruments would be category III AIFs (Alternate Investment Funds)," the official said. Category III Alternate Investment Funds allow private investment in public equity funds. This category of Alternate Investment Funds also includes hedge funds. The minimum ticket size for investment in category III Alternate Investment Funds is $150,000.
Currently, there is lack of clarity on classification of offshore derivative instruments — whether they can be classified as capital assets or business assets — issued by non-banking units, said Keyur Shah, Financial Services Leader and Tax Partner at EY India. "If classified as capital assets, long term and short term capital gains tax will be applicable on the income earned."
"If classified as a business asset, it will come under corporation tax if the investor is corporate," Shah told Informist. Besides this, the tax rate will also depend on whether the buyer is from a country with which India has a tax treaty or not, Shah added.
The tax exemption may help the government simplify the taxation of offshore derivative instruments. While the exemption was not announced in the Budget for 2024-25 (Apr-Mar), after a discussion with the Prime Minister's Office, the finance ministry has decided to include it in the Finance Bill, said the official quoted above.
The Prime Minister's Office has also asked the finance ministry to include provisions in the Finance Bill to relax the applicability of deemed dividends for finance companies and treasury centres set in the IFSC, the ministry official said.
GIFT City is a special economic zone set up by the government to boost foreign investments in Indian assets. The government allows tax concessions on investments in several assets traded there.
The Gandhinagar-based financial services centre currently offers trading in a wide range of products, including index derivatives, currency derivatives, single stock derivatives, commodity futures, real estate investment trust, or REITs, and Infrastructure Investment Trust, or InvITs. End
US$1 = 83.79 rupees
Informist Media Tel +91 (11) 4220-1000
Send comments to feedback@informistmedia.com
© Informist Media Pvt. Ltd. 2024. All rights reserved.