SEBI Proposes Increasing Mutual Fund Investment Limits in REITs and InvITs

The Securities and Exchange Board of India (SEBI) is considering raising the investment limits for mutual funds in Real Estate Investment Trusts (REITs) and Infrastructure Investment Trusts (InvITs). This move aims to bolster the real estate and infrastructure sectors while diversifying investment avenues. However, experts are raising concerns over potential tax implications.

SebiReitsInvitsMutual FundsTaxReal Estate NewsApr 20, 2025

SEBI Proposes Increasing Mutual Fund Investment Limits in REITs and InvITs
Real Estate News:The Securities and Exchange Board of India (SEBI) is set to revisit the rules governing mutual fund investments in Real Estate Investment Trusts (REITs) and Infrastructure Investment Trusts (InvITs). The regulatory body is considering increasing the exposure limits for mutual funds in these sectors, a move that could inject much-needed capital into the real estate and infrastructure domains. This decision is expected to diversify investment options and provide a boost to the Indian economy.

SEBI's move is part of a broader strategy to enhance the attractiveness of REITs and InvITs for retail and institutional investors. Currently, mutual funds are constrained by the limit of 5% of their net asset value (NAV) for investments in REITs and InvITs. By raising this limit, SEBI aims to facilitate more substantial capital inflows, which could spur development in key sectors of the economy.

The real estate and infrastructure sectors have been pivotal for India's economic growth. However, these sectors have faced challenges, including a lack of long-term capital and infrastructure financing. Increasing the investment limits for mutual funds could help address these issues by providing a more robust and diverse funding source. This, in turn, could lead to the creation of more REITs and InvITs, further deepening the market.

However, industry experts are voicing concerns over potential tax implications of the proposed changes. One of the primary issues is the treatment of dividends and capital gains from REITs and InvITs. Currently, these investments are taxed differently compared to traditional mutual fund investments. If the tax rules are not aligned, it could create a disincentive for mutual funds to increase their exposure.

For instance, dividends from REITs and InvITs are subject to a dividend distribution tax (DDT) of 27.5%, which is significantly higher than the 10% tax on equity mutual fund dividends. This higher tax rate could reduce the net returns for mutual fund investors, potentially offsetting the benefits of increased exposure.

Moreover, capital gains from REITs and InvITs are taxed at the same rate as equity mutual funds, but the holding period for long-term capital gains is different. For REITs and InvITs, the holding period is three years, compared to one year for equity mutual funds. This discrepancy could also impact investor decisions.

To address these concerns, SEBI and the finance ministry are likely to engage in discussions to harmonize the tax treatment of REITs and InvITs with other investment avenues. SEBI has also sought inputs from stakeholders, including mutual fund houses, REITs, and InvITs sponsors, to ensure that the proposed changes are practical and beneficial for all parties involved.

The proposed increase in investment limits is part of a series of measures aimed at strengthening the REIT and InvIT markets. These measures include simplifying the listing process, improving governance standards, and enhancing transparency. By creating a more favorable regulatory environment, SEBI hopes to attract more issuers and investors to these sectors.

While the potential benefits of increased mutual fund exposure to REITs and InvITs are significant, it is crucial to address the tax concerns to ensure that the changes are effective. If these issues are resolved, the move could lead to a more vibrant and resilient real estate and infrastructure market, contributing to India's broader economic goals.

In conclusion, SEBI's proposal to raise investment limits in REITs and InvITs is a positive step towards diversifying investment avenues and boosting the real estate and infrastructure sectors. However, the successful implementation of this policy will depend on aligning the tax treatment with other investment options. Stakeholder feedback and regulatory clarity will be key to realizing the full potential of this initiative.

Frequently Asked Questions

What are REITs and InvITs?

REITs (Real Estate Investment Trusts) and InvITs (Infrastructure Investment Trusts) are investment vehicles that allow investors to pool their resources to invest in real estate and infrastructure projects. They provide a way for investors to earn returns from properties and infrastructure assets without directly owning them.

What is the current investment limit for mutual funds in REITs and InvITs?

Currently, mutual funds are limited to investing up to 5% of their net asset value (NAV) in REITs and InvITs.

Why is SEBI considering raising the investment limits?

SEBI is considering raising the investment limits to facilitate more substantial capital inflows into the real estate and infrastructure sectors, which can help address the lack of long-term capital and infrastructure financing.

What are the tax concerns related to REITs and InvITs?

The primary tax concerns include the higher dividend distribution tax (DDT) of 27.5% for REITs and InvITs, compared to 10% for equity mutual fund dividends, and the discrepancy in the holding period for long-term capital gains.

How will SEBI address these tax concerns?

SEBI and the finance ministry are likely to engage in discussions to harmonize the tax treatment of REITs and InvITs with other investment avenues, ensuring that the proposed changes are practical and beneficial for all parties involved.

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