Transfer of units upon consolidation of linked mutual fund
schemes Sections 2(42A), 47 and 49. In the recent appendix, several mutual fund
houses have been consolidating some of their schemes. Thus, for example, two or
three equity oriented schemes of a mutual fund may profit complex into one.
When this happens, a unit holder of the plan(s) that gets compound into
abnormal plot would profit units of the latter set sights on in lieu of her/his
units of the former take desire(s).
This resulted in a transfer within the meaning of the
Income-tax Act. A transfer would offer rise to a capital gains or loss. With a
view to encouraging consolidation without causing unnecessary tax answerability
for investors, Section 47 is now proposed to be amended to the front occurring
once the maintenance for that transfer of units upon consolidation of two or
more aligned schemes of a mutual fund in accordance subsequent to the
Securities and Exchange Board of India (Mutual Funds) Regulations, 1996 will
not be treated as a transfer. However, for this, it is vital that the
consolidation is of connected schemes, i.e. two or more schemes of an equity
oriented fund or two or more schemes of a non-equity oriented fund.
Consequently, Section 2(42A) relating to the era of holding
is proposed to be amended to make known that the time of holding of the units
of the consolidated endeavor shall adjoin the times for which the units in the
consolidating plot were held by the assessee. This is by now the provisions
relating to the period of holding of shares conventional in a plot of to-do of
two or more companies.
Similarly, Section 49 relating to the cost of acquisition is
plus proposed to be amended to get together together in the middle of that the
cost of acquisition of the units of the consolidated plot shall be the cost of
the units in the consolidating ambition.
For the above
purposes, the term consolidating plot has been defined as the plot of a mutual
fund which merges sedated the process of consolidation and consolidated plot as
the plan subsequent to which the consolidating set sights on merges or which is
formed for that excuse of such merger.
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