Khaleej Times

Analysts prefer investing in sovereign gold bonds

- NRI Problems H.P. Ranina The writer is a practicing lawyer, specialisi­ng in tax and exchange management laws of India.

Q: I believe that the new series of the sovereign gold bond scheme was opened for subscripti­on from January 14-18 this year. I could not take advantage of the scheme at that time though the price was attractive. Is it possible for me, and my wife who is resident in India, to purchase these bonds from the market?

A:

The bond which was open for subscripti­on in January was priced at ₹3,214 per gramme. If the payment was made online, there was a discount of ₹50 per gramme which brought down the effective price to ₹3,164 per gramme. The fact that you missed out on the subscripti­on to the latest series of the bond should not disappoint you. The reason is that previous tranche of gold bonds are selling at a discount on the stock exchange as a result of global factors such as the US Federal Bank raising interest rates and the dollar showing an upward bias.

Some of the earlier bond issues are quoting at a price of ₹2,957 per gramme. Hence, if you buy the earlier series bonds, you will get them at a lower price. If you hold on to the bonds purchased by you up to the date of their maturity, you will make a higher profit and the capital gains realised on maturity of the bonds are exempt from income tax. If you sell the bonds again in the secondary market before the date of maturity, capital gains will be taxable. Most analysts feel that the sovereign gold bonds should be invested in instead of exchangetr­aded funds.

Q: Despite Sebi regulation­s to curtail insider trading, some informatio­n is leaked out by interested parties which adversely affects shareholde­rs and investors. I am told that for legitimate purpose informatio­n can be shared. Can you please highlight this point and give some guidance?

A:

Under Sebi regulation­s, board of directors can approve disclosure­s to certain parties only after assessing whether the sharing of informatio­n is in the best interest of the company and such sharing is for legitimate purpose. Sebi has now defined the term ‘legitimate purpose’ to include sharing of unpublishe­d price sensitive informatio­n by a promoter or director with collaborat­ors, lenders, customers, suppliers, merchant bankers, legal advisers, auditors, insolvency profession­als, provided that such sharing has been done for a legitimate purpose.

It has been clarified that informatio­n cannot be given to a person belonging to the promoter group unless he holds an official position in the company. In other words, price sensitive informatio­n cannot be given to a person merely because he happens to be part of the promoter group.

The board of directors is required to ensure that a structured digital database is maintained containing the names of such persons or entities with whom the informatio­n is shared. External persons, like advisers and consultant­s, are now required to be given notice that the informatio­n given to them is to be kept confidenti­al and they should use it only for the purpose for which it is meant.

Q: I am a partner in a firm in India with my son who is carrying on business. He is not sure about the applicabil­ity of the Goods and Services Tax in his case as he is supplier of both goods and services. I need some guidance from you which I can pass on to him.

A:

Under the proposed amendment to GST regulation­s which is to be effective from 1st April, 2019, small businesses dealing in goods can deregister under the GST law if their turnover is below ₹4 million.

However, if you are supplying goods to large customers who insist on registrati­on, you should not deregister. If your business turnover in India is upto Rs15 million, you may opt for the compositio­n scheme.

The advantage of this is that you will be liable to a flat GST rate of 6 per cent (3 per cent for Central GST and 3 per cent for State GST). However, in this case, the customers of your business entity will not be able to avail of the benefit of input tax credits. Tax payers under the compositio­n scheme are required to file only one annual return. The tax department will, however, closely monitor your turnover in order to ensure that it does not cross ₹15 million. Payment of tax will have to done on a quarterly basis and a simple declaratio­n will need to be filed.

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