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Share Buyback Tax Shifted to Shareholders from October 2024

23 October 20251 min read
ECONOMYShare Buyback TaxShifted toShareholders fromOctober 202423 October 2025safalsetu.com

Why in the news

The tax treatment of share buybacks changed from 1 October 2024 through the Finance Act, 2024, aligning it with dividends and affecting investor returns and company payout choices.

What is a buyback

A company repurchases its own shares from current holders, usually at a price above the market rate. Fewer shares remain outstanding, which can lift earnings per share and the ownership percentage of those who stay.

Legal basis

  • Sections 68-70 of the Companies Act, 2013, plus SEBI (Buyback of Securities) Regulations, 2018 for listed firms.
  • Board or shareholder approval is needed, depending on size.
  • Routes: existing shareholders proportionately, open market, employees holding ESOP shares, and odd-lot holders.

Old and new regime

PointBefore 1 Oct 2024From 1 Oct 2024
Who is taxedCompany: 20% plus surcharge and cess on distributed income (Section 115QA)Shareholder: whole amount as dividend income
Investor taxProceeds tax-freeSlab rate of the individual; TDS under Section 195 for non-residents
RationaleIntroduced in 2013 to stop firms avoiding Dividend Distribution TaxSimplify and bring parity between dividends and buybacks

Implications

  • Investors: high-tax individuals get lower post-tax returns; foreign investors may feel withholding tax effects, depending on DTAA benefits.
  • Companies: may prefer buybacks less, and could raise dividends or share-based incentives.
  • Market: a short-term dip in buyback announcements after October 2024 and a possible rebalancing of capital allocation.

Exam angle

  • Section 115QA of the Income Tax Act.
  • Effective date: 1 October 2024.
  • Parity of buybacks and dividends.

Test yourself

1. From which date are share buyback proceeds taxed as dividend income in shareholders' hands?

The new regime applies from 1 October 2024.

2. What did the earlier buyback tax regime impose on companies under Section 115QA?

Companies paid 20% plus surcharge and cess on distributed income.

3. Which provisions apply to TDS on buybacks for non-resident investors under the new regime?

Non-resident investors are covered by TDS provisions under Section 195.