Thursday, 26 March 2020

NO TDS UNDER SECTION 194K FROM CAPITAL GAINS ARISING ON TRANSFER OF UNITS OF MUTUAL FUNDS




With effect from 01-04-2020, the Finance Bill, 2020 proposed to abolish the Dividend Distribution Tax and move to the traditional system of taxation wherein mutual funds do not pay tax on distributed income and, the unit-holders are liable to  pay tax on such income at the applicable tax rate. To ensure the collection of tax, a new Section 194K has been proposed to be introduced which require the Mutual Funds to deduct tax at the rate of 10% while making payment of income to the unit-holders.
The stakeholders had raised doubts about the deduction of tax from the capital gains that may arise on maturity or transfer of mutual funds, which the CBDT vide Press release, dated 04-02-2020, has clarified that the tax under this provision is required to be deducted only from the dividend payment. No tax is required to be deducted from the sum payable which is in the nature of capital gains.
To remove any ambiguity, section 194K explicitly provides that no tax shall be deducted while making payment in respect of capital gain arising from transfer from units.

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