Grandfathered debt funds taxation to use 20% with Indexation ?

As a salaried individual.

I purchased some debt mutual funds in 2020 and sold them in May 2025. For taxation purposes can i pay 20% with indexation ?
 
As per Chatgpt these units are grandfathered and hence the new 12.5% w/o indexation doesnt apply to them ? 
Can some experienced CA comment on whether its possible to claim indexation to calculate the net income from them and also pay 20% tax on them. If yes will this lower income (due to indexation) coutn towards the surcharge applicability or the full delta betweel sale and purchase costs be used to the purposes of calulating total incoem for surcharge applicability > 
 
 
Replies (3)
Quick Summary
A salaried individual who bought debt mutual funds in 2020 and plans to sell in May 2025 is seeking clarification on taxation. They believe their units might be grandfathered under new rules, allowing them to pay 20% tax with indexation benefits, rather than the new 12.5% rate without indexation. They are asking experienced CAs to confirm if indexation can be claimed and how this might affect surcharge applicability on their total income.

Teh relevant section on gransfathering clause explicitly states that equity mutual funds and bonds can not avail grandfathering , however is silent on debt oriented mutual funds. :- 
https://incometaxindia.gov.in/Documents/Left%20Menu/income-from-capital-gains.htm?utm_source=chatgpt.com

* The Finance (No. 2) Act, 2024 removed the indexation benefit and introduced a uniform tax rate of 12.5% on long-term capital gains. As per the amendment, no indexation benefit is allowed while computing capital gain from long-term capital assets transferred on or after 23-07-2024. However, the Government has introduced a grandfathering provision. This provision allows resident individuals and resident HUFs to still apply indexation on land or building acquired before 23-07-2024 and pay tax at the old rate of 20% if the tax under the new law (i.e., tax calculated at 12.5% without indexation benefit) results in a higher amount.

However, there are some cases where benefit of indexation is not available, which are as under:

 

Section

Capital Asset

Transferor

Third Proviso to Section 48 Long-term capital gains arising from transfer of an equity share, or a unit of an equity oriented fund or a unit of a business trust as referred to in Section 112A. Any Person

Fourth proviso to section 48

Bonds or debentures.

Note: However, indexation benefit is available on two type of bonds, namely,-

  •  Capital indexed bonds (issued by the Government)

  •  Sovereign Gold Bond (issued by the RBI under the Sovereign Gold Bond Scheme, 2015)

Any person

112

Capital gains arising from transfer of unlisted shares (which is taxable at concessional rate) as calculated without giving effect to first proviso to Section 48

Non-resident

50A

Depreciable asset (other than an asset used by a power generating unit eligible for depreciation on straight line basis)

Any person

50B

Undertaking/division transferred by way of slump sale as covered by section 50B

Any person

115AB

Units purchased in foreign currency as given in section 115AB

Offshore fund

115AC

Global depository receipts (GDR) purchased in foreign currency as given in section 115AC

Non-resident

115ACA

Global depository receipts (GDR) purchased in foreign currency as given in section 115ACA

Resident individual - employee

115AD

Securities as given in section 115AD

Foreign Institutional

Investors

 

Bumping up since this seems to have gotten missed over the weekend.

Good question - this is one of the most frequently misunderstood aspects of the July 2024 Finance Act amendments.

THE RULES FOR DEBT MUTUAL FUNDS:

Pre-April 2023 purchases (Grandfathered units):
- If units were BOUGHT BEFORE April 1, 2023: old rules still apply
- Held 36+ months = Long-term capital asset
- Tax rate: 20% WITH indexation benefit (Section 112 with CII adjustment)
- This applies regardless of WHEN you sell the units

Post-March 2023 purchases:
- If units were BOUGHT ON OR AFTER April 1, 2023: new rules apply
- ALL capital gains added to income and taxed at slab rate
- No LTCG benefit, no indexation - even if held 10 years

The July 2024 amendment (Finance Act 2024):
- Changed equity taxation (12.5% LTCG without indexation)
- Did NOT change debt fund treatment - debt funds post-March 2023 still at slab rate
- Did NOT affect grandfathered pre-April 2023 units

PRACTICAL EXAMPLE:
Bought debt fund SIP from Jan 2020 to Mar 2023 = All these units are grandfathered
Bought additional SIP from Apr 2023 onwards = New rules apply to these units only

DOCUMENTATION:
- Keep SIP statement clearly showing purchase dates
- Redemption proceeds will split into grandfathered (20% + indexation) vs new (slab) portions
- Mutual fund house will issue capital gains statement with breakup

So yes - your grandfathered units (pre April 2023) can still use 20% with indexation. Only the post-March 2023 units get slab rate treatment.

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