NISM Certifications · NISM-Series-XXI-A: Portfolio Management Services (PMS) Distributors · Taxation (NISM XXI-A)
For a client of a Portfolio Manager under a discretionary PMS, who is generally treated as the assessee liable to pay tax on the capital gains arising from the securities sold in the portfolio?
The client is liable for tax on gains from a PMS portfolio. The securities belong to the client and the Portfolio Manager only acts as an agent, so capital gains, dividends and interest are taxed in the client's own hands.
- AThe Portfolio Manager, as the person who takes the investment decisions
- BThe client, since the securities are held in the client's own name or on the client's behalfCorrect
- CSEBI, as the regulator of Portfolio Managers
- DThe custodian, as the holder of the securities
Explanation
A PMS is not a pooled vehicle. The portfolio belongs to the client, so gains and income from it are taxed in the client's hands. The Portfolio Manager only acts as an agent and is not the taxpayer on those gains. The custodian merely holds the securities.
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