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As per SEBI Regulations Category, I AIF are AIFs that invests in early-stage startups, social ventures, SMEs, infrastructure startups, or other sectors or areas which the government considers socially or economically desirable. It includes investments such as venture capital funds, SME Funds, social venture funds, infrastructure funds, etc.
All AIF categories in India except "angel fund" need a minimum investment of Rs. 1 crore, whereas, for the angel fund, that amount is Rs. 25 lakhs. In the case of an employee or director of AIF, the minimum value of investment shall be Rs. 25 lakhs
Category I AIFs are the most popular among investors. These are investments in small, or medium enterprises, or start-ups that have high-growth potential, and are socially and economically viable. These usually have the potential to grow the economy and create jobs, and hence Category I AIFs are encouraged and promoted by the government and are extremely valuable to start-ups in our country.
When it comes to taxation, Category I AIFs have a pass-through status. This means that any income (except for business income) that the fund generates, is taxed to the investor and not to the fund house - even if the investor has not redeemed the investment. The investors need to pay taxes according to their respective tax slabs.
Therefore, if you invest in category I AIF, you need to pay capital gain tax on the profit or loss you make from the AIF funds within a given duration. The duration here is important to understand whether long-term capital gain tax or short-term capital gain tax would be applied. As per the recent rules for LTCG, 20% is the rate of tax with indexation benefit. If the profits are taxed as STCG, then the rate would be 15%. There is a surcharge, and cess charges on and above the mentioned tax rates as well. Any income (except business income) distributed by the investment fund is not liable for DDT and TDS of 10% will be deducted by the investment fund. It is to be noted that in Category I AIF the investor needs to pay advance tax during the year.
Natural of Income Earned by the Fund | Taxability | Tax Rate |
---|---|---|
Other than business income ( For example capital gains ) | Passed through - AIF does not pay any tax. The unit holder pays the tax | Rates applicable to the unit holder |
Business Income | Taxed at AIF. Such income is not taxable for unit holder | AIF was formed as a company or LLP. Taxed at the rates applicable to the company or the LLP.
AIF formed as Trust: Taxed at Maximum Marginal Rate*. |
Disclaimer: However, it is advisable to consult your individual tax advisor and keep track of regulatory changes