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Taxation in Securities Markets Guide

The document outlines the test objectives for the NISM-Series-XX-Taxation in Securities Markets Certification Examination. It covers various topics related to taxation in securities markets including: [1] introduction to securities markets and basic concepts in taxation; [2] provisions in respect of investors covering taxation of debt, equity and other products; [3] provisions in respect of traders including business income and taxation of intermediaries; and [4] special cases and indirect taxes in securities markets. Annexures provide details on taxpayer compliances, summarized tax tables, exemptions and deductions, and recent developments. The examination aims to assess understanding of the tax treatment for various securities, instruments, and entities operating in capital markets.

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0% found this document useful (0 votes)
29 views5 pages

Taxation in Securities Markets Guide

The document outlines the test objectives for the NISM-Series-XX-Taxation in Securities Markets Certification Examination. It covers various topics related to taxation in securities markets including: [1] introduction to securities markets and basic concepts in taxation; [2] provisions in respect of investors covering taxation of debt, equity and other products; [3] provisions in respect of traders including business income and taxation of intermediaries; and [4] special cases and indirect taxes in securities markets. Annexures provide details on taxpayer compliances, summarized tax tables, exemptions and deductions, and recent developments. The examination aims to assess understanding of the tax treatment for various securities, instruments, and entities operating in capital markets.

Uploaded by

sunidhi
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© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Annexure II – Test Objectives

NISM-Series-XX-Taxation in Securities Markets


Certification Examination

Part 1- Introduction and Basic Concepts

Chapter 1: Introduction to Securities Markets

1.1 Know the Securities Market and Securities: Definitions and Features
1.2 Know the Securities Markets: Structure and Participants
1.3 Understand the Securities Markets: Products and Features
1.3.1 Cover all securities market products (various types of equity, debt, derivatives,
commodities etc.)
1.3.2 Masala Bonds
1.3.3 FCCBs
1.3.4 ADRs, GDRs
1.3.5 Security Receipts (ARC)/Securitisation/PTC
1.3.6 REITs and InvITs
1.3.7 AIFs
1.4 Know the Sources of Tax Regulations in Securities Markets (Sources: GST Council, CBDT Circulars,
IT Act, IT Rules)

Chapter 2: Concepts in Taxation

2.1 Learn about Assessment Year


2.2 Learn about Previous Year
2.3 Learn about Person
2.4 Learn about Assessee
2.5 Learn about Residential Status
2.6 Know the Scope of Income
2.7 Understand the different heads of Income (giving examples of securities markets under the
different heads)
2.7.1 Salary Income
2.7.2 House Property Income
2.7.3 Profits and Gains of Business or Profession (To be dealt in detail)
2.7.4 Capital Gains (LTCG & STCG) (To be dealt in detail)
2.7.5 Income from Other Sources (To be dealt in detail)
2.8 Know the Deductions
2.9 Learn about the Exemptions (add all exemptions in annexure with cross reference)
2.10 Know the Rebates
2.11 Know the Gross Taxable Income
2.12 Know the Taxable Income
2.13 Know the Tax Payable
2.14 Learn about the Clubbing of income
2.15 Know the Set off and Carry Forward of Loss under the Heads -Capital Gains and Income from
Other Sources and Business Profession
2.16 Understand the difference between investing and dealing in shares and securities
2.17 Learn about the Alternate Minimum Tax (AMT) and Minimum Alternate Tax (MAT)
2.18 Learn about the Double Tax Avoidance Agreement (DTAA) (Concept of Multilateral
Instruments and Permanent Establishment)
2.19 Learn about the General Anti-Avoidance Rules (GAAR)
2.20 Know the Exempt Exempt Tax (EET)
2.21 Know the Exempt Exempt Exempt (EEE)
2.22 Know the Exempt Taxable Taxable (ETT)
2.23 Know the Marginal Rate of Tax
2.24 Know the Effective Rate of Tax
2.25 Know what are Tax alpha

Chapter 3: Capital Gains

3.1 Understand what are Capital Assets


3.2 Know the Transfer of capital asset
3.3 Learn about the Transactions not regarded as transfer
3.4 Understand the tax aspects regarding Gifts and Inheritances (Cost of acquisition)
3.5 Understand the Computation of capital Gains

Chapter 4: Income from Other sources


4.1 Know Deemed gift tax
4.2 Learn about the Interest and Dividend
4.3 Income Computation and Disclosure Standards (ICDS)

Part II - Provisions in respect of Investors

Chapter 5: Taxation of Debt Products

5.1 Explain the Sources of Income


5.1.1 Interest Income
[Link] Accrual Basis
[Link] Receipt Basis
5.1.2 Capital Gains
5.2 Describe the Types of debt products (Tax treatment of the following bonds when they are listed
and when they are unlisted; also cover stamp duty)
5.2.1 Coupon Bond
5.2.2 Zero Coupon Bonds & Deep Discount Bonds
5.2.3 Convertible Bonds
5.2.4 Commercial Papers
5.2.5 Government Securities
5.2.6 Tax Free Bonds
5.2.7 Tax treatment when bonds become Listed from Unlisted
5.2.8 Other than equity MFs (Cover segregated portfolio, consolidation of mutual fund)
5.2.9 Masala Bonds and FCCB
5.2.10 Security Receipts
5.2.11 Pass Through Certificates (PTC)
Chapter6: Taxation of Equity Products

6.1 Explain the Sources of Income


6.1.1 Dividend Income
6.1.2 Capital Gains
6.2 Describe the tax treatment for Listed Equity Shares (Securities Transaction Tax (STT), Stamp
duty, Other Charges and Fees, Grandfathering)(importance of contract notes)

6.3 Describe the tax treatment for Unlisted Shares


6.3.1 Capital Gains when sold in OTC market
6.3.2 Capital Gains when sold in the market after IPO
6.4 Understand the taxation of Preference Shares
6.5 Understand the Taxation of GDR/ADR
6.6 Understand the Taxation of Warrants
6.7 Learn about the taxation in Equity Oriented Mutual Funds (including Fund of Funds and ELSS;
LTCG, STCG, Dividend, Grandfathering; Mutual Funds SIPs, SWPs, STP)
6.8 Learn about the Equity Derivatives (Capital Gains & Audit in case of derivatives by
individuals/Companies (section 44 of IT Act)
6.9 Understand about Dividend and Bonus Stripping

Chapter 7: Taxation of Other Products

7.1 Know the tax aspects of Employee Stock Ownership (ESOPs)


7.2 Know the tax aspects Sovereign gold bonds
7.3 Know the tax aspects Annuities (NPS Tier 1 & Tier 2)
7.4 Learn about the Exchange Traded Funds (ETFs)
7.4.1 Gold ETFs
7.4.2 Other ETFs (Index ETFs, PSU ETFs)
7.5 Learn about Alternate Investment Funds (AIF)
7.5.1 AIF Category 1 & 2
7.5.2 AIF Category 3
7.6 Know about Real Estate Investment Trusts (REITs)
7.7 Know about Infrastructure Investment Trust (InvITs)
7.8 Learn about Other Derivative Products
7.8.1 Currency Derivatives
7.8.2 Interest Rate Derivatives
7.8.3 Commodity Derivatives (CTT)

Part III- Provisions in Respect of Traders

Chapter 8: Business Income

8.1 Know Speculative/Non Speculative Business Income


8.2 Understand the Method of accounting
8.3 Learn about the Valuation of stock-in-trade
8.4 Learn about the Valuation of stock in special cases
8.5 Understand the Actual cost of assets
8.6 Understand the Computation of business income
8.7 Know about Set off and carry forward of Business Loss
8.8 Learn about the Relevance of ICDS

Chapter 9: Taxation in the hands of Intermediaries

9.1 Learn about the taxes paid by the different Securities Market Intermediaries

Chapter 10: Taxation – In the hands of Foreign Portfolio Investors (FPIs)

10.1 Know Who is a Foreign Portfolio Investor


10.1.1 Understand the different taxes/surcharges levied on FPIs (in case of investments in Debt,
Equity and Infrastructure Bonds)
10.2 Understand the Tax Treatment of different categories of FPIs for various instruments

Chapter 11: Tax Implications of IFSC

11.1 Know about the Intermediaries in IFSC


11.2 Know about the Products listed on IFSC Exchange (debt, equity etc.) and the implication of tax

Chapter 12: Tax provisions for special cases 5%

12.1 Understand the tax applicability on Bonus issues


12.2 Understand the tax applicability on Split & Consolidation of securities
12.3 Understand the tax applicability on Buyback of Shares
12.4 Understand the tax applicability on Liquidation of Companies
12.5 Understand the tax applicability on Rights issues
12.6 Understand the tax applicability on Mergers & Acquisitions of securities
12.7 Understand the tax applicability on Stock Lending and Borrowing
12.8 Understand the tax applicability on conversion of Bonds or Preference shares in equity
shares.
12.9 Understand the tax liability on conversion of stock into capital asset.

Chapter 13: Indirect Taxes in Securities Markets (not in detail)

13.1 Learn about the Goods and Services Tax


13.1.1 Understand the GST implication on Mutual funds
13.1.2 Understand the GST implication on Mutual fund distributor
13.1.3 Understand the GST implication on Broking business
13.1.4 Understand the GST implication on PMS, Investment Adviser
13.1.5 Understand the GST implications on REITs, InvITs, AIF and any other market
intermediary
Annexures

A. Compliances by Tax payers


a. Maintenance of Records
b. Filing of Returns (due date)
c. Penalty for non-compliance
B. Summarised tax tables – product wise
C. Summarised tax tables – other products
D. Recent Developments
E. Exemptions and Deductions with cross reference

Cross References

Common questions

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Taxation of listed and unlisted shares in India differs primarily in terms of capital gains tax rates and the application of Securities Transaction Tax (STT). For listed shares, capital gains are taxed based on the holding period—short-term gains are taxed higher than long-term through a preferential rate, after accounting for indexation benefits, while STT is applicable on the sale. Unlisted shares, however, usually entail a higher tax rate for long-term capital gains and do not incur STT. The preferential tax treatment for listed shares is designed to encourage stock market participation, while unlisted shares face more scrutiny and higher charges to accommodate risk and valuation issues .

The tax implications of using derivatives in India depend on the type and nature of transactions, with differences for individual and corporate investors. For individuals, profits from derivatives trading are generally considered non-speculative business income, meaning they are taxed as per the individual’s applicable income tax slab rates. Corporates, however, may treat both speculative and non-speculative derivatives differently under the Income Computation and Disclosure Standards (ICDS), affecting their taxable profits and provisions. Additionally, derivatives transactions attract specific audits under Section 44AD, ensuring substantial scrutiny and compliance, thereby affecting the complexity of managing tax obligations for all investors .

Goods and Services Tax (GST) impacts various participants in the securities market by imposing indirect taxes on services offered, affecting mutual fund operations and brokerage services. For mutual funds, GST is charged on fund management fees, increasing the cost for investors and reducing fund returns. Brokers are similarly subject to GST on their commissions, which raises transaction costs for clients. Investment advisories and portfolio management services are also taxed, influencing the overall charges and fees structure in the market. This taxation aims at standardizing and simplifying indirect taxes but can affect the net performance and competitiveness of financial services .

Coupon bonds and zero coupon bonds in India differ primarily in their taxation of interest income. Coupon bonds pay periodic interest, which is taxable annually as income. Zero coupon bonds, however, do not pay periodic interest; instead, they are issued at a discount to face value and mature at par. The difference between the purchase price and maturity value is treated as a capital gain and taxed accordingly, based on the holding period. This deferred taxation of interest until maturity for zero coupon bonds can be advantageous for tax planning as it allows compounding of returns before tax is applied .

Securities market participants face several compliance challenges related to taxation, including the need for accurate record-keeping, timely filing of returns, and adherence to complex regulations applicable to various financial instruments. These challenges can lead to significant administrative burdens and increased costs, impacting market efficiency by diverting resources from productive investment activities. Non-compliance risks penalties and interest, further complicating cost structures. Efficient tax systems, supported by technology and streamlined regulations, are crucial for enhancing market efficiency and facilitating easier compliance for all participants .

Alternative Investment Funds (AIFs) in the Indian securities market serve as investment vehicles that pool funds from sophisticated investors to invest in diverse portfolios like real estate, private equity, or hedge funds. These funds are categorized into three types, each serving varying risk profiles and investment strategies. The taxation of AIFs depends on their category; for example, income accruing to Category I and II AIFs is generally taxable in the hands of the investors, ensuring pass-through status. In contrast, Category III is taxed at the fund level, similar to corporate entities. This regulatory and tax framework fosters innovation and capital infusion in growing sectors .

Indian tax regulations, including provisions under the IT Act and DTAA, have significant implications on securities trading and investment in an international context. They define how income from global transactions, like capital gains or dividends from securities, is taxed. For instance, DTAAs prevent double taxation by dictating which country gains taxation rights, often reducing withholding taxes on dividends or interests. Additionally, rules under MAT and AMT ensure that even when businesses use exemptions or deductions to lower taxable income, they pay a minimum amount. This framework aims to balance promoting cross-border investment while ensuring revenue from international capital flows .

The Exempt-Exempt-Taxable (EET) and Exempt-Taxable-Taxable (ETT) tax structures differ fundamentally in when they apply taxation within investment products. EET, used predominantly in retirement products, allows contributions and accumulations to grow tax-free, only taxing withdrawals. This encourages long-term savings but defers government revenue. ETT, conversely, taxes the accumulation phase, which can discourage savings due to the immediate tax burden but provides steady government revenue earlier. The challenge lies in balancing incentivizing saving mechanisms with policy objectives, making these approaches subject to dynamic fiscal planning in securities markets .

The structure of the securities market, which typically includes exchanges, regulatory bodies, brokers, and various financial institutions, significantly impacts the key participants and the products they deal with. Exchanges provide a platform for buying and selling securities, ensuring liquidity and price discovery. Regulatory bodies oversee market operations and enforce rules to protect investors and maintain fair trading practices. Participants like brokers and dealers enable transactions, while institutional investors provide capital and stability. The structure facilitates a range of products, including equities, bonds, derivatives, and commodities, each with unique features and taxation implications, such as Masala Bonds and FCCBs .

Foreign Portfolio Investors (FPIs) in India are taxed differently on equity and debt securities, influencing international investment flows. FPIs are generally subject to short-term and long-term capital gains tax on equities. Long-term gains exceeding ₹1 lakh attract a 10% tax without indexation benefit, while short-term gains are taxed at 15%, provided the trade is transacted through recognized stock exchanges and STT is paid. For debt securities, FPIs are taxed based on the tenure—long-term capital gains are taxed at lower rates compared to equities. Such tax treatments are designed to make Indian markets attractive while securing government revenue, thus affecting the volume and nature of foreign investments .

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