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Category III AIFs: Tax Grey Zone and Industry Demands

14 April 20251 min read
BANKING & FINANCECategory III AIFs:Tax Grey Zone andIndustry Demands14 April 2025safalsetu.com

Why in the news

Category III Alternative Investment Funds have grown into a major segment, yet their tax treatment remains unclear, hurting investor returns and fund efficiency.

Key problems

IssueWhat happens
No pass-through statusTax is paid by the fund; investors are taxed on the fund’s holding period, losing lower LTCG rates
Capital gainsAsset sold within a year attracts 20% STCG, even if the investor held units longer; no deferral
DerivativesF&O gains are business income at 39% maximum marginal rate
LossesFund-level losses cannot be passed on, set off or carried forward by investors

Trust classification debate

  • These AIFs are structured as trusts. A determinate trust (identifiable beneficiaries and shares) is taxed at the beneficiary’s rate.
  • An indeterminate trust pays the maximum marginal rate of 39% on all income.
  • CBDT (2014) demanded named beneficiaries with fixed shares; AAR 1996, Karnataka HC 2017 and Madras HC 2020 accepted identifiability at any point.
  • The industry follows judicial precedent and treats them as determinate trusts, which lacks codified certainty.

Double taxation risk

  • Since 2021, AIF units count as securities under the SCRA.
  • Gains may be taxed in the fund and again when the investor redeems units.

Way forward

  • Pass-through treatment, recognition as determinate trusts and no double taxation.
  • Clear use of special rates (12.5% LTCG, 20% STCG).
  • A dedicated framework similar to mutual funds, with holding-period-based taxation at investor level.

Exam angle

  • Category III AIFs began in 2012; raised over ₹1.29 trillion.
  • Regulation reference: SCRA; maximum marginal rate: 39%.

Test yourself

1. Under current tax treatment, at what rate are Category III AIF derivative gains taxed?

F&O gains are business income taxed at the 39% maximum marginal rate.

2. In which year were AIF units reclassified as securities under the SCRA?

The reclassification in 2021 raised double-taxation concerns.

3. A determinate trust is taxed in which manner?

Determinate trusts are taxed at the rate applicable to the beneficiary.