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India proposes tax on angel investors in unlisted companies

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NEW DELHI – The Indian government on Friday proposed amending the tax on angel investors in unlisted entities, exempting some categories of foreign investors from the tax.

Investments in unlisted companies in India by the central bank, sovereign wealth funds, entities directly or indirectly owned by the government at 75 percent or more will be exempt from the so-called “angel tax” rule, the federal finance ministry said in a statement.

Angel tax is a common term referring to a tax imposed when shares in an unlisted entity are issued to investors at a price above their fair market value. The tax was earlier levied on Indian resident investors but will be extended to non-resident investors from April 1, 2024.

Category 1 foreign portfolio investors registered with the Securities and Exchange Board of India, endowments and pension funds, banks and insurance companies incorporated in India, and collective investment vehicles with more than 50 investors will also be exempt from the rules constraint.

The government has also expanded the valuation methods that can be used to calculate earnings. Shares of unlisted companies can be valued using five valuation methods.

To ensure equal investment for resident and non-resident investors, the stock price will be referenced to investments by venture capital funds, the statement said.

A 10% share value change has been provided to account for foreign exchange fluctuations and changes in economic indicators that may affect share valuations over the course of multiple investment rounds.

(Reporting by Nikunj Ohri and Ira Dugal; Editing by Louise Heavens and Shounak Dasgupta)

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