Table of Contents
1. What is section 115AD of the income tax Act?
- Section 115AD provides the tax rates applicable on the income of Foreign Institutional Investors from securities or capital gains arising from such transfer.
2. What are the incomes taxed under section 115AD?
- Income from securities (other than those referred to in section 115AB)
- Short-term or long-term capital gains arising from transfer of such securities.
3. What do you mean by specified fund under section 115AD?
Specified fund means
- A fund established or incorporated in India in the form of a trust or a company or a limited liability partnership or a body corporate and
- Granted a certificate of registration as a Category III Alternative Investment Fund.
- Located in any International Financial Services Centre
- All the units other than unit held by a sponsor or manager are held by non-residents.
- Investment division of an offshore banking unit and has been
- Granted a certificate of registration as a Category-I foreign portfolio investor
- Maintaining a separate account for its investment division.
4. What is the rate of tax applicable on the income received from securities?
- Interest on securities is taxed at the rate of 20% in case of foreign institutional investors or 10% in case of specified fund.
- Interest received from bonds or government securities (section 194LD) shall be taxed at the rate of 5%.
5. What is rate of tax applicable on the income by way of short term capital gain?
- In case of short term capital gain
- Arising from the transfer
- of an equity share of a listed company or
- a unit of an equity oriented fund or
- a unit of a business trust as referred under section 111A, such income is taxed at the rate of 15%.
- Arising from transfer of other securities – taxed at 30%
- Arising from the transfer