KYI: Know Your Investment

What are Category III AIF?

As per SEBI Regulations Category III AIF are AIFs which employs diverse or complex trading strategies and may employ leverage including through investment in listed or unlisted derivatives. AIF such as hedge funds or funds which trade with a view to make short term returns or such other funds which are open ended and for which no specific incentives or concessions are given by the government or any other Regulator shall be included. Therefore, funds under Category III are the most complex, and uses a diversified trading strategy in order to get high returns in short time.

Source: SEBI

General Conditions for Category III AIFs

  • Category III AIF may invest in securities of listed or unlisted investee companies, derivatives, units of other AIFs, or complex or structured products
  • May buy or sell credit default swaps
  • May engage in leverage or borrow subject to consent from the investors in the fund and subject to a maximum limit as specified by the board
  • Regulated through the issuance of directions

Category III AIFs include

  • Hedge Fund
  • Private Investment in Public Equity Fund (PIPE)
  • Long Short Funds
  • Long only Funds

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Taxation of Category III AIF

Unlike Category I and II, there is no pass-through status for Category III. This category is taxable at the fund level. Category III AIFs are taxable at the highest income tax slab level (42.7%) at the fund level. The returns given to investors are after deducting the tax.

A Category III Alternative Investment Fund (AIF) is subject to taxation on four distinct income categories:

  • Income from short-term capital gains.
  • Earnings derived from long-term capital gains.
  • Profits categorized as business income.
  • Revenue generated from dividends.
Tax type Short-Term Capital Gains Long-Term Capital Gains Business Income Dividend Income
Basic tax 15% 10% 30% 30%
Surcharge over tax 15% 15% 37% 37%
Education Cess 4% 4% 4% 4%
MMR 17.94% 11.96% 42.74% 42.74%

Disclaimer: However, it is advisable to consult your individual tax advisor and keep track of regulatory changes

Explore Other AIF Categories

AIF Category I

AIF Category II