Units of a mutual fund are transferred to a surviving member in case of an untimely demise of the first holder, it is known as ‘transmission’ of mutual funds. On the other hand, a ‘transfer’ is said to happen when all the unit holders are alive.
a) Transfer of mutual funds is a grey area since as per the Securities and Exchange Board of India’s (SEBI) regulations, 1996, transfer of mutual fund units is allowed. However, the fund houses don’t let all the unit holders to transfer their units, en masse. The argument presented by them is that since these mutual fund units could be quickly sold and liquidated, there is ‘no point’ transferring funds.
b) Transfer of mutual fund units from one holder to another is quite rare. So the concept of gifting mutual fund units also is a hypothetical one and is practically not possible.
In fact, ‘third party’ payments are not accepted by mutual funds. In no way can one use his/her spouse’s money to invest in their name or vice versa. This might seem devious, but this is the only process one needs to follow in case one wishes to transfer mutual fund units. So if you want units to be in a relative’s name, then you need to transfer money first to the receiver’s account. You will then be able to use that amount to invest in the fund by their name.
The only scenario in which mutual fund units can be transferred to another is in case of the demise of the unit holder. This is usually in favour of a joint holder or a legal nominee to whom the transmission of a mutual fund unit takes place.
What are the legal documents needed?
In case of a nominee staking a claim to investment, the fund house asks for a set of legal documents.
As per SEBI’s circular, one would need a letter from a joint holder or a nominee (in case there is no joint holder). Also, the death certificate of the deceased unitholder, the Know-your-client documents of the nominee will be required. One would also need the bank account mandate to get nominee’s bank account registered, instead of the one that is already existent or the one belonging to the deceased unitholder. These documents might range from an indemnity bond if the invested amount exceeds Rs.1 lakh to an affidavit by the legal heir.
Consider a real-life scenario for rule clarity and tax implications:
John’s wife buys mutual funds from her savings. She then transfers it to John immediately. Can this happen, and will there be any tax implications as the mutual funds are being given to John?
Explanation:
The scenario mentioned above is not practically possible since MFs can’t be transferred from one holder to another. Also, they can’t be gifted by one person to another. John’s wife would have to first transfer cash to John’s account (or an account in which John and his wife are joint holders). She can then use that amount to invest in a fund in John’s name.
Hence, mutual funds cannot be transferred from one holder, neither are you allowed to make any third-party payment.
Starting a SIP for a Minor
If you are looking at mutual funds to create a fund for your child, then it’s better that you start when they are a minor. You can buy MF units in your child’s name and choose the SIP scheme. The payments will be made into the account until your child reaches majority. The minor, i.e. your child, would be the first and the sole holder of the account and no joint holders are permitted under this scheme. You will act as a guardian until your kid reaches 18 years of age.
The AMC will send across a document before the date on which your child attains maturity. The document will act as a de facto application for changing the account for ‘minor’ to ‘major’ status. The guardian will not be allowed to operate the account anymore. Some other documentation like KYC, etc. will also be required for the process to be complete. Your child will then be able to reap the benefits of the MF investments you have made on their behalf.
SWP for Senior Citizens
Our parents have looked after us all their lives. If you wish to do something beautiful for them, then look no further than investing in MF schemes with a monthly interest payment facility. Along with Rupee Cost Averaging, the SWP schemes also provide you with tax benefits as the prime investors.
Plus, it will give a fixed sum to your parents to help them meet their needs. So, instead of waiting for a transfer or transmission of your MF units, why not invest in a SIP/SWP scheme for your children or your parents which will be more effective in the long run?
For more information on this, visit TAXAJ
Posted by Aashima
Team TaxaJ