This article is written by Ravi Singh who is pursuing a Certificate in Advanced Corporate Taxation from LawSikho.


The special tax regime provided under Section 9A of the Income-tax Act, 1961 (“IT Act”), exempts eligible overseas funds. Although this focuses on investment funds, many of the same issues and considerations apply for the creation of a tax regime for other investment vehicles, as a special purpose investment funds, pension funds, and various types of insurance products. Basic decisions made in building a general tax system for people as well businesses are planning to build a state of investment. 

The selection of tax laws for Investment funds need to balance three objectives: first, not to disrupt the development of financial intermediaries, such as investment funds; second, to introduce taxation rules similar to those applicable to other currencies; and, third, to accept taxes rules that cannot be controlled and enforced. 

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It is difficult to provide a standard version of levying taxes on investment funds and their investors. This is because decisions have been made in the case of a basic tax structure it will have a significant impact on decisions on how you should pay your taxes investment funds. Another reason is that things in a certain country influence the state’s choice of investment finance tax.  

Investment funds

Divergence enables investors to reduce risk naturally in holding a small amount of investment without reducing the expected return of investment. Pool consolidation allows people to invest in very wet financial funds , and a consultant can invest in small and long-term liquid funds. The growth of financial mediators in developing countries and transformation is a reality not surprising. 

Market economies need private savings to provide start-up capital to new businesses and expand existing businesses. Financial intermediaries allow minorities as well medium-sized investors to invest their savings in the market. Such mediators are possible to provide investors with the benefits of financial technology, a scale economy of things like market research, portfolio management, and trading activity, and the opportunity for this aggregation and consolidation of funds.  

In addition to capital, investment funds can provide private businesses management technology and increased access to the capital or other business relationships. It can also serve as checks for administration and the board of directors make sure they are always accountable to shareholders. Because the small proprietary poles are distributed to shareholders, with each shareholder likely not to be able to use it effectively for business management. 

Pension funds

The Finance Act, 2020 introduced a new Section 10 (23FE) in the Taxation Act, 1961 (ITA) to provide for tax exemptions on dividends, interest, and long-term profits earned on investments made in Indian infrastructure companies. by certain foreign investors, including pension funds. Exemptions are available from investments made from 1 April 2020 to 31 March 2024 and are held for at least three years, provided that certain conditions are met.

India’s Central Board of Direct Taxes (CBDT) issued Notification 67 on 17 August 2020, setting out additional conditions and appropriate procedures for foreign pension funds to obtain exempt from income tax from a specific investment in India’s infrastructure business, derived from in the 2020-21 financial year (corresponding to the 2021-22 audit year).


Exemptions are available from the pension fund:

  1. Established or established under foreign law (including laws enacted by any of its political components namely a province, state, or local body, regardless of its name);
  2. Tax exemptions in this foreign country;
  3. Satisfies the conditions; and
  4. He is identified by the government in the official gazette.
  5. To clarify the additional conditions and procedures for pension funds securing funds under Section 10 (23FE) of the ITA, CBDT issued Notice 67.

Market neutrality

Economists and tax advocates insist that tax laws should be as neutral as possible about investments and other decisions. Although almost all taxes are distorted ethically, policy advisers generally recommend keeping distortions as little as possible. This position is partly due to the efficiency of the market – that of economic resources should be allocated based on market factors that determine the highest return, no based-on tax considerations. 

This also depends on the deduction made and taxes planning costs. Investors should not use their resources to try to plan strategies for tax cuts. To the extent that all investments are taxed equally, they will not be the motivation for trying to enter the field of tax-preferred management. Finally, if the investment Funds are given to tax-friendly treatment, it can be difficult to deny tax benefits to other types of investments; as a result, tax law will become more difficult, and taxable money will go down.

Investment taxes basic tax structure

The biggest difficulty in building an investment tax regime is their own and their own investors are a number of different combinations of things policymakers need to consider. The basic tax regime creates an environment for exploring alternative investment tax options and seeks to cater for different types of investors and different types of income of an investment fund.

Basic Tax Structure

Several basic elements of a basic tax structure can contribute to the tax formation state of investment finance. This includes 

(1) A list of personal taxes businesses and relationships between those values; 

(2) Whether people are taxed shares in terms of fixed shares or should include revenue from shares once other sources of revenue and tax liabilities worldwide; 

(3) Use of alternatives temporary or final seizure of assignments; 

(4) Whether businesses can exclude shares acquired from other entities, possibly associated with the share ownership level in business; 

(5) Whether interest rates are taxable from time to time or internationally; 

(6) The use of temporary or final substitution of interest, as well as continuation of the existing ones the state of taxation for many types of profits;  

(7) Treatment of major benefits, in especially if the same rules apply to individuals and businesses, it is possible to allow for alternative cost-cutting measures to determine profits for individuals, and opportunities to correct inflation; 

(8) Laws governing tax exemption for capital losses;

(9) A plan to integrate individual tax systems with businesses, in particular type of integration, if any; 

(10) Foreign source tax laws, in particular whether foreign income is deposited or whether deductions or foreign tax debt are paid allowed; and 

(11) The rules governing the levying of non-representative taxpayers, especially the laws of people and businesses who are unemployed investors or that earn money related to home business or business.

(1) Further variation in the treatment of different types of income in the hands of different types of investors, growing significantly pressure could be to pay taxes directly at the level of investors; and 

(2) Tax deductions rules vary in the type of currency in the hands of different types of investors, the strongest argument is simply to charge all income at the level of the investment fund and deposit no additional taxes at the level of investors.

Investor types

Countries typically impose a few restrictions, if any, on investors can invest in investment funds. We can divide local people by their money Rate: 

(1) people may have income below the tax liability limit; or

(2) Individuals may be taxed on the lower, middle, or upper brackets, depending on price structure under individual tax law, other per capita income, and rules for pooling revenue from different sources.

Local businesses may be subject to different tax rates under the business tax law, or the tax rates that continue under the corporate tax law with little or no doctrinal correction. 

Income types

The income of the investment fund should be assessed in three parts. The first part includes reviewing the different types of income an investment fund can earn. The second part involves determining how the different types of income will be divided for tax purposes. The last part of the analysis focuses on identifying those things may include different results if revenue is allocated and taxes levied on at investment level and at investor level.

Possible Types of Income – 

An investment fund may have the following categories of income:

  1. profits from local businesses;
  2. foreign exchange profits;
  3. interest profit from various domestic sources, with certain types
  4. interest-bearing income taxable;
  5. interest on foreign currency securities; and
  6. gains and losses arising from the sale of investments.

Sovereign wealth funds

To fund its infrastructure development programs, the government introduced an investment income tax return by the Investment Fund and Pension Funds. In terms of the proposal, income in the form of interest, interest and income from investments made by the Economic Fund and Pension Funds in the infrastructure projects will not be taxed on income. These include investments made in units of all types of Infrastructure Investment Trust debt or shares of companies involved in certain infrastructure activities (such as roads, ports, airports, bridges, water management and sanitation).


The lack of a good structure requires policy makers to balance competition goals. These goals may include:

(1) Not giving up development of investment funds, 

(2) To achieve market neutrality between direct and indirect funds, 

(3) To design the state at low administrative and high costs compliance, and 

(4) Does not decrease, and possibly increase, the basis of tax revenue.

Which is an example of a taxable investment fund that makes sense in some particular country; it depends largely on the country’s basic tax structure. If the state tax system has:

(1) The same tax rates for individuals and companies, 

(2) The latter are reserved for shares and interest (and no variance on taxpayer reserves), 

(3) There is no limit to this with the exception of large profits (and the same rules for all taxpayers to earn income tax),

(4) The issuance of foreign source revenue, and 

(5) There are no special rules for foreign investors, where the type of agreement can be improved due to greater management as well the compliance benefits.

To the extent that the basic tax regime differs significantly from the above structure and also contains highly differentiated therapies for different types of income for certain types of taxpayers, the surrogate prototype loses much of its appeal. Especially if a lot of weight is given to the goal of market neutrality, then the type of pass or the type of distribution pull needs to be considered.


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