Saturday, January 31, 2015

USINESS TRUSTS – Meaning & Provisions

BUSINESS TRUSTS – Meaning & Provisions

Meaning of Business Trust —
“Business trust” means a trust registered as an Infrastructure Investment Trust or a Real Estate In vestment Trust, the units of which are required to be listed on a recognised stock exchange, in accordance with the regulations made under the Securities Exchange Board of India Act, 1992 and notified by the Central Government in this behalf; (kindly see the chapter—”lncome-tax on Companies’ for details).
Special Provisions Relating to Business Trusts’—
The said Chapter proposes—Section-lI UA [Tax on income of unit holder and business trust] namely:—
  1. to provide that the distributed income in the hands of the unit holders will be of the same nature and in the same proportion as the income in the hands of the trust; 
  2. to provide that the total income of the trust other than capital gain would be taxed in the hands of the trust at the maximum margin rate and capital gain would be taxed in accordance with sections lilA and 112; 
  3. to provide that any distributed income or part thereof received by a unit holder from the business trust is of the same nature as the income referred to in clause (23FC) of section 10, then, such distributed income or part thereof shail be deemed to be the income of such unit holder and shall be charged to tax as income of the previous year; 
  4. to provide that the person responsible for making payment of income or any part thereof distributed on behalf of a business trust to a unit holder, shall provide a statement to the unit holder and the prescribed authority in such time and in the form and manner as may be prescribed.
This amendment wiil take effect from 1st April, 2015 and will, accordingly, apply inrelation to the assessment year 2015-16 and subsequent years.