The Finance Act 2022 has introduced amendments to Section 94 of the Income Tax Act, effectively banning bonus stripping for securities, including units of Real Estate Investment Trusts (REITs) and Infrastructure Investment Trusts (InvITs). Previously, these provisions did not cover bonus stripping in these specific investment vehicles. The changes, which take effect from April 1, 2023, aim to prevent tax evasion by closing this loophole.
Provisions pertaining to bonus stripping and dividend stripping to be made applicable to securities and units
1. Section 94 of the Act contains anti-avoidance provisions to deal with transactions in securities and units of mutual fund which, inter-alia, include dividend stripping and bonus stripping.
2. However, the current provisions of sub-section (8) of section 94 of the Act do not apply to bonus stripping undertaken in case of securities. It is also not applicable to units of Infrastru
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FAQ :
Bonus stripping is a tax avoidance strategy where an investor buys units of a fund, receives bonus units, and then sells the original units before the record date for the bonus issue, claiming a capital loss while retaining the bonus units.
Budget 2022 amended Section 94 of the Income Tax Act to make bonus stripping provisions applicable to securities, including units of RETIs and InvITs.
Units of Real Estate Investment Trusts (REITs), Infrastructure Investment Trusts (InvITs), and Alternative Investment Funds (AIFs) are now covered, along with other securities.
These amendments will take effect from April 1, 2023, and will apply to the assessment year 2023-24 and subsequent assessment years.
The amendments are designed to prevent tax evasion by closing loopholes related to bonus stripping in certain investment vehicles.