Transfer of units by unit holders on consolidation of plans within a mutual fund scheme not to be regarded as transfer [Section 47(xix)]
Effective from: A.Y. 2017-18
(i) Exemption for consolidation of mutual fund schemes:
Under section 47(xviii), any transfer by a unit holder of a capital asset, being a unit or units, held by him in the consolidating scheme of a mutual fund, made in consideration of the allotment to him of a capital asset, being a unit or units, in the consolidated scheme of the mutual fund is not regarded as a transfer and is, hence, not subject to capital gains tax.
(ii) Consolidation of mutual fund plans within a scheme: SEBI guidelines SEBI has also issued guidelines for consolidation of mutual fund plans within a scheme, on account of which, the tax exemption under section 47, available on merger or consolidation of mutual fund schemes has been extended to the merger or consolidation of different plans in a mutual fund scheme.
(iii) Exemption of transfer of units in the consolidation of Plans within a Mutual Fund scheme: For the purpose of facilitating consolidation of mutual fund plans within a scheme in the interest of the investors and to provide tax neutrality to unit holders upon consolidation or merger of mutual fund plans within a scheme, new clause (xix) has been inserted in section 47. Accordingly, any transfer by a unit holder of a capital asset, being a unit or units, held by him in the consolidating plan of a mutual fund scheme, made in consideration of the allotment to him of a capital asset, being a unit or units, in the consolidated plan of that scheme of the mutual fund shall not be considered transfer for capital gain tax purposes.
(iv) Meaning of the following terms:
Term |
Meaning |
Consolidating Plan | The plan within a scheme of a mutual fund which merges under the process of consolidation of the plans within a scheme of mutual fund in accordance with the SEBI (Mutual Funds) Regulations, 1996 made under SEBI Act, 1992. |
Consolidated Plan | The plan with which the consolidating plan merges or which is formed as a result of such merger. |
Mutual Fund | A mutual fund specified under section 10(23D), i.e.,
(i) a Mutual Fund registered under the SEBI Act, 1992 or regulations made thereunder;
(ii) such other Mutual Fund set up by a public sector bank or a public financial institution or authorised by the RBI and subject to conditions notified by the Central Government. |