Dividend stripping help HNIs avoid cap gains tax
Though not many investors have made huge short-term profits on their equity
investments, there is a rush among high net worth investors to set off their
gains against 'managed' losses arising in mutual fund portfolios.

According to sources, a handful of equity funds — one of which is an index
fund — are planning to allow cash-rich investors to book notional losses and
set it off against gains made over the short term, in their bid to evade the
33.4% short-term capital gains tax.

Termed 'dividend stripping' in mutual fund parlance, the small amount of
capital loss (considering the huge losses investors have suffered in their
equity portfolios) on fund portfolios will help HNIs salvage short-term
profits made by selling equities in March and April, experts say.

"Fund houses are blatantly allowing HNIs to set off their short-term losses.
Dividend stripping is not forbidden, but at the end of it all, it's the
long-term retail investor who has to share his portion of dividend with
opportunistic investors," said a fund manager of a leading fund house.

Dividend stripping refers to a method of avoiding tax by buying securities
or mutual fund units before the record date and selling them after the
record date. By buying the securities the investor will get dividends and by
selling it, a short-term capital loss which can be set off against a short
term capital gain and thereby reducing his tax liability.

The modus operandi is simple. ABC Mutual Fund has declared 60% dividend on
its index scheme. Abiding by the Finance Ministry rule, the fund house sets
the record date seven days prior to the date of dividend declaration. The
rule states that investors who enters that particular scheme three months
before the record date, can avail themselves of the payout. The fund house,
for the benefit of its 'privileged' investors (mainly HNIs), discreetly lets
out their intention to pay dividend four months before the date of dividend
declaration.

On getting the information, HNI investors are encouraged to invest more
money into the scheme (fresh investments to end before the three-month
period dividend consideration period begins). On the date of dividend
declaration, the NAV of the fund will witness a fall.

The investors exits the scheme at lower NAV, immediately after pocketing the
dividend. This will help them record a short-term capital loss. The capital
loss will be to the extent of the difference between the NAV when he entered
the scheme (before dividend declaration) and when he exits the scheme later.
In the case of index funds, the investor will buy the fund and short the
index so that he doesn't gain or lose further in the event of market moving
either ways.
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On paper, the investor has suffered a loss in capital; but if one looks
closer, he has collected 60% dividend (which is tax-free) and also gets a
chance to set off capital gains on investments like shares or real estate
against the loss incurred on his mutual fund portfolio. Fund houses, on the
other hand, are able to expand their AUM before the pay-out and also earn a
sizeable AMC fee on the increased base.

"There is nothing to stop dividend stripping within current regulations. It
is a regulatory loophole to efficient tax planning. Trading dividend
information prior to record date is illegal; that works something like
insider trading in stocks. Such loopholes should be plugged by the
regulator," said Crisil Fund Services head Krishnan Sitaraman.

Prabhudas Lilladher financial services CEO V Ramesh said: "Though investors
are not negatively impacted, it is not really good for the scheme to have
rapid rise or dip in AUMs, considering the impact it will have on cash
position with the fund manager. Long-term investors will have to share their
portion of dividends with new entrants who are there just for tax
arbitrage," Mr Ramesh said.


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