NISM Professor

Equity-oriented fund

Also written Equity oriented mutual fund · EOF

A fund that puts at least 65% of its proceeds into listed domestic equity shares — the tax definition that unlocks the 12.5% long-term rate and the Rs 1,25,000 annual exemption.

In plain language

Two investors each make Rs 3,00,000 of gain on a mutual fund held for two years. One pays Rs 21,875 of tax. The other pays tax at his slab rate — possibly Rs 90,000. The only thing that separates them is whether the scheme met the definition of an equity oriented fund.

This is not a marketing label and it is not the SEBI scheme category. It is a definition inside the Income Tax Act, and the workbook states it precisely: a fund set up under a scheme of a mutual fund specified under clause (23D) of section 10, which satisfies a minimum equity test.

How it works

The 65% test. In the ordinary case, a minimum of 65% of the total proceeds of the fund must be invested in the equity shares of domestic companies listed on a recognised stock exchange.

The fund-of-funds route. Where the fund invests in units of another fund that is itself traded on a recognised exchange, at least 90% of the first fund's proceeds must sit in units of that other fund, and that other fund must itself hold at least 90% in listed domestic equity shares.

How the percentage is measured. Not on one date. The workbook is explicit: the percentage is computed with reference to the annual average of the monthly averages of the opening and closing figures. A fund cannot dress the portfolio up on 31 March and qualify.

ULIPs are inside the definition too. Up to FY 2024-25 the definition took in unit-linked policies of an insurance company to which the exemption under section 10(10D) does not apply because of the fourth and fifth provisos — the high premium ULIPs. From FY 2025-26 (amendment by the Finance Act, 2025) it takes in any ULIP to which the section 10(10D) exemption does not apply. For high premium ULIPs the equity requirement must be satisfied throughout the term of the policy, not merely on average for a year.

What qualifying buys you. Units are a long-term capital asset after 12 months. Long-term gains where STT is paid on transfer are exempt up to Rs 1,25,000 a year and taxed at 12.5% above that, under section 112A. Short-term gains on an STT-paid transfer are taxed at 20% under section 111A. Dividends are taxable at the unit holder's slab rate, with interest expenditure deductible only up to 20% of the dividend.

A worked example

Mrs Kulkarni redeems two holdings in August 2024, each held for three years, each showing a gain of Rs 3,00,000. STT is paid on both.

Scheme A — equity oriented (68% listed domestic equity)Scheme B — a debt scheme bought in 2021
Long-term gainRs 3,00,000Rs 3,00,000
Annual exemption(Rs 1,25,000)Nil
TaxableRs 1,75,000Rs 3,00,000
Rate12.5%12.5% (other mutual fund, listed)
TaxRs 21,875Rs 37,500

Now suppose Scheme A had drifted. Its monthly averages over the year worked out to 62% in listed domestic equity, not 65%. It is then not an equity oriented fund for the year, the Rs 1,25,000 exemption is gone, and the same Rs 3,00,000 gain carries Rs 37,500 of tax — Rs 15,625 more, with nothing changed in the investor's own conduct.

And if the units had been redeemed at 11 months instead: as an equity oriented fund the gain would be short-term at 20%, or Rs 60,000. The 12-month line is worth Rs 38,125 on this single holding.

Why NISM asks about it

Chapter 11 (Taxation of Equity Products), section 11.6, opens by defining the term before any rate is discussed — because every rate in the chapter hangs off it. Expect questions that give you a portfolio composition and ask whether the scheme qualifies, questions on the 90%/90% fund-of-funds test, and computation questions that hand you a gain and a holding period and expect you to apply Rs 1,25,000 and 12.5%. Chapter 10 covers the schemes that fail this test.

Common exam traps

  • 65% in listed domestic equity. Foreign shares and unlisted shares do not count towards the test, however equity-like they feel.
  • The test is an annual average of monthly averages of opening and closing figures, not a year-end snapshot. This exact phrase is examinable.
  • The fund-of-funds test is 90%, not 65% — and it applies at both levels.
  • A SEBI "equity scheme" is not automatically an equity oriented fund for tax. Arbitrage and hybrid schemes are the usual casualties.
  • Rs 1,25,000 is a per-year exemption across all 112A gains, not a per-scheme or per-transaction one.
  • STT on transfer is the condition, not STT on acquisition. The workbook carves out IFSC exchange transfers in foreign currency from the STT condition.

Check yourself

  1. 1.For transfers on or after 23 July 2024, at what rate are long-term capital gains taxed across all categories of assets?

    1. a)10 per cent
    2. b)12.5 per cent
    3. c)20 per cent
    4. d)At the assessee's slab rates
    Show the answer

    Answer: (b) 12.5 per cent

    Long term capital gains will be taxed at the rate of 12.5% in respect of ALL CATEGORIES OF ASSETS. For listed equity shares, equity oriented fund units, equity oriented high premium ULIPs and business trust units where the transaction has suffered STT, gains exceeding Rs 1,25,000 are taxed at that rate. The single 12.5 per cent rate across asset classes is the great simplification of the Finance Act 2024.

Where this is taught

Free preparation for NISM Series V-B

Related terms

← All terms
Something look wrong? Report it