Return of capital v/s dividends : tax impact

My query is regarding the tax impact that should beconsidered for receipt of "Return of Capital" vis a vis Dividends.

I.e. in case a company instead of distributing dividends from its current year profits, decides to instead distribute to its shareholders out of its reserves, a Return of Capital, should it withold TDS or not - as its not a dividend being distributed.

In countries like Switzerland, USA etc. such distribution is exempt from income tax in the hands of the shaareholders - appreciate a revert on its impact in India.

Many thanks, Jatin

Replies (4)

Whether it is distributed from current years profit or from reserves it will be considered as Dividend only.It is exempt in the hand of shareholders and the company is required to pay Dividend Distribution Tax.

thanks - however, the way this is treated in the us/switzerland as being tax exempt, even for the co is that its considered as per the following:

 

What Does Return Of Capital Mean?
A return from an investment that is not considered income. The return of capital is when some or all of the money an investor has in an investment is paid back to him or her, thus decreasing the value of the investment.
 
 
Investopedia Says
Investopedia explains Return Of Capital
This is not considered an investment gain of any type because it is not in excess of the original investment. Investors are not taxed on this return until it begins to exceed their original investment value.



So in effect, the share capital is reduced by the sums and not the reserves (which maybe accumulated profits). Is there a similar no tax impact in India, when a company returns its capital to its shareholders.

As per Sec.115O of IT Act, Domestic Company has to pay tax on distributed profits, if dividend is paid either out of current or accumulated profits, @ 15%, within 14days from the date of declaration/distribution/payment whichever is earlier. DDT is to be paid even if company has no taxable income.

 

However, undertakings in SEZ are not required to pay any DDT even if they have declared, distributed or paid the dividends on or after 1-4-2005. It is not even taxable in the hands of shareholders. 

thanks - however, seeking clarity on when co distributes part of its capital and not profits/accumulated profits/reserves.

 

any thoughts on taxation impact for the same - views in switzerland/usa are that since co is returning part of its capital which belongs to shareholders, the same is a tax free distribution for both the co as well as the shareholder.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
Featured ARTICLESHIP 06 October 2026
Semi Qualified

AJAY SINGH AND CO LLP

Thane

CA Final

View Details
Company
15 October 2026
Senior Accountant

Continental Belting Pvt Ltd

Mumbai

B.Com

View Details
Company
Featured 03 October 2026
Accountant

A P Lodha and Associates

Jalna

B.Com

View Details
Company
14 October 2026
Accountant

Rize.farm

Bengaluru

B.Com

View Details
Company
26 September 2026
Chartered Accountant

pushpganga ventures

Pune

CA

View Details
Company
08 October 2026
Accounts and Tax Associate

POOJA R TELI & CO

Pune

CA Inter

View Details
Company
20 September 2026
Semi Qualified CA

Navin & Associates

Mumbai

CA Inter

View Details
Company
05 October 2026
Senior Accountant

Vision IT Peripherals Pvt Ltd

Mumbai

B.Com

View Details