Amendments in Finance Bill 2023

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April 7, 2023

The Lok Sabha passed the Finance Bill 2023 recently by making 64 amendments.

Key Provisions of the Finance Bill 2023

• Capital Gains – Capital gains through debt funds, fund of funds, gold funds and international funds will be taxed at a person’s appropriate tax slab.

• Mutual Funds – Mutual funds with less than 35% Assets under Management (AUM) within domestic equity will be taxed as per short-term capital gains and will be deprived of indexation benefit.

• Securities Transaction Tax (STT) – There is an increase in STT taxes

• Infrastructure investment Trusts (InvITs) and Real Estate Investment Trusts (REITs) – Only the amount accepted over initial investment will be taxed as earnings from other sources.

• GST Appellate Tribunal (GSTAT) – Recommends installation of a GSTAT with a principal bench and multiple state benches.

• Foreign Tours – There is a request for RBI to bring foreign tour remittance using credit cards into the scope of Liberalized Remittance Scheme (LRS).

• GIFT city – Foreign banking entities within GIFT city will receive 100% exemption on earnings for 10 years.

• Foreign (non-resident) companies – Tax on technical or royalty fee earned through non-resident organizations increased from 10% to 20%.

Implications of the amendments on debt mutual funds

• Separation in debt fund – As per the amendment, the separation in debt fund taxation for a retention period within 3 years or longer will not be applicable.

• Capital gain – Capital gain on debt funds redemption purchased on or after 1st April, 2023 to be taxed as per income tax slab rate.

• Investments in Debt fund – May help long-term financiers to postpone their responsibilities.

• Taxation perspective – With tax arbitrage among bonds, FDs (interest income) and debt funds (capital gains), all of them are at a similar level from the taxation perspective.

• Short-term Capital Gains – The holding period of listed bonds till a year to be taxed at an individual’s income tax slab rate.

• Long-term Capital Gains – To be levied at 10% without any indexation because it is the interest, rather than capital gain, that is the more important point of income.

• Accrual-based taxation – Helps avoid any inquiry possibility through the income tax department for data mismatch in reported data to the department and the tax on income.

Source - The HINDU Business Line

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