In the news
Jul 17, 2023
Infrastructure Investment Trusts (InvITs) have gained popularity as investment vehicles, offering investors an opportunity to participate in India's infrastructure growth story. Along with the potential for stable income and capital appreciation, understanding the tax implications associated with investing in InvITs is crucial. In this blog, we will explore the taxation framework for InvITs, shedding light on the key tax considerations for investors.
InvITs are designed to distribute income generated from infrastructure projects to unit holders in a tax-efficient manner. As per the tax regulations, InvITs enjoy tax-exempt status for the income distributed by them, provided they meet certain criteria. This implies that the income received by unit holders from the InvIT is typically exempt from income tax at the trust level.
InvITs are structured as pass-through entities, which means that the income generated by the underlying infrastructure projects flows through to the unit holders without being subject to tax at the InvIT level. This pass-through status ensures that the income earned by the InvIT is taxed only in the hands of the unit holders, aligning with the principle of tax neutrality.
The income received by unit holders in the form of dividends or distributions from the InvIT is taxable in their hands. The tax treatment of these dividends or distributions depends on the nature of the income. Dividends are generally subject to dividend distribution tax (DDT) at the InvIT level before being distributed to unit holders. However, unit holders may be eligible for tax credits or exemptions based on their individual tax circumstances.
Capital gains arising from the sale of units of an InvIT are subject to capital gains tax. The tax treatment depends on the holding period of the units. If the units are held for more than 12 months, they qualify as long-term capital assets, and the gains are subject to long-term capital gains tax. If the units are held for 12 months or less, they are considered short-term capital assets, and the gains are subject to short-term capital gains tax.
InvITs are required to deduct tax at source (TDS) on income distributions made to unit holders, as per the applicable tax rates. The TDS provisions ensure tax compliance and enable the government to collect tax revenue at the time of income distribution. Unit holders can claim credit for the TDS deducted while filing their income tax returns.
Individual investors should consider their tax bracket, the impact of dividend distribution tax, and the applicability of any exemptions or deductions available to them. It is advisable to consult with a tax professional to understand the specific tax implications based on individual circumstances and jurisdiction.
Certain categories of investors, such as pension funds or sovereign wealth funds, may enjoy specific tax benefits or exemptions as per the tax regulations applicable to them. These investors should assess the tax implications and benefits associated with investing in InvITs based on their specific category and tax status.
Understanding the taxation framework is crucial for investors considering investing in InvITs. InvITs enjoy tax-exempt income status and pass-through treatment, ensuring that the income generated by the InvIT flows through to the unit holders without being taxed at the trust level. However, the income received by unit holders, in the form of dividends or distributions, is subject to tax in their hands. Capital gains arising from the sale of units are also subject to capital gains tax. It is essential for investors to evaluate their tax obligations, consider exemptions and deductions, and consult with tax professionals to assess the specific tax implications based on their individual circumstances. By understanding the tax framework, investors can make informed decisions and maximize the tax efficiency of their investments in InvITs while contributing to India's infrastructure growth.