A ‘trust’ is one of the routes available for hedge funds to structure their products but many would prefer this because of certain tax benefits. But, under the trust structure, the hedge fund is required to get FIPB approval if it wishes to receive foreign funds.
“There has been some discussion among the players. The approach (to FIPB) may be in a collective fashion, as a group; or individually, for the clearance,” said a person directly involved in the matter.
Suresh V Swamy, executive director, tax and regulatory services, at PricewaterhouseCoopers, said a trust structure could provide tax benefits to hedge funds otherwise only available to a venture capital fund (VCF). “Income tax pass-through status is available only to VCF under Category I-AIF (Alternative Investment Funds). No express pass-through status is provided for other AIFs. Pass-through status could possibly be achieved in case AIFs are taxed as trusts… However, (foreign) investment in trusts would need prior FIPB approval,” he said.
The fledgling Indian hedge fund sector is looking to bring in foreign money as the initial response from domestic investors to this product has been tepid. Hedge funds, or schemes which are aggressively managed, focus on tailormade investment methods such as the long-short strategy, still relatively alien to India.
Since the Securities and Exchange Board of India (Sebi) came out with rules for hedge funds under the AIF regulations in 2012, 10 funds have been registered. These include IIFL Opportunities Fund, Motilal Oswal Alternative Investment Trust, Ambit Alpha Fund, Forefront Alternative Investment Trust and Karvy Capital Alternative Investment Trust.
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