The Core Engine for Private Equity, Distressed Assets & Debt Funds
As per SEBI Regulations Category II AIFs are those that do not get any such specific
incentives or concessions from the government. These funds include private equity,
distressed asset funds, and debt funds. This category is most significant as it
comprises almost 80% AIFs
As per SEBI Regulations Category II AIF are AIFs which does not fall in Category I and III and which
do not undertake leverage or borrowing other than to meet day-to-day operational requirements. The
government or the regulator does not offer any concessions or incentives for these funds. Private
equity funds or debt funds are examples of Category II AIFs. This category comprises 80% AIFs and is
the most popular among AIFs.
In a span of five years, Category II AIFs have witnessed a remarkable growth, with the commitments they've raised multiplying by nearly six times, escalating from Rs 1.13 lakh crore in 2018 to Rs 6.96 lakh crore in 2023.
Source: SEBI
General Conditions for Category II AIFs
Category II AIF shall invest primarily in unlisted companies directly or through investments in
units of other AIF
Allowed to invest in units of Category I AIF or in units of Category II AIF
May engage in activities such as hedging, including credit default swaps
Shall not borrow funds directly or indirectly or engage in any leverage except for meeting
temporary funding requirements
When it comes to taxation, Category II 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 II 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