Transfer of Government Security by one non-resident to another non-resident

     The existing provision contained in section 47 of the Act provides that certain transactions shall not be considered as transfer for the purpose of charging of capital gains.

     With a view to facilitate listing and trading of Government securities outside India, it is proposed to insert clause (viib) in the said section so as to provide that any transfer of a capital asset, being a Government Security carrying a periodic payment of interest, made outside India through an intermediary dealing in settlement of securities, by a non-resident to another non-resident shall not be considered as transfer for the purpose of charging capital gains.

     This amendment will take effect from 1st April, 2015 and will, accordingly, apply in relation to assessment year 2015-16 and subsequent assessment years.

[Clause 18]

Non-resident-to-non-resident transfers of government securities outside India excluded from capital gains when settled via an intermediary. Transfers of Government securities that carry periodic interest, effected outside India by a non-resident to another non-resident through an intermediary dealing in securities settlement, will not be treated as a transfer for capital gains purposes, thereby facilitating listing and trading of such securities outside India; the amendment is prospective and applies to assessment years from the stated effective date.