The document discusses frequently asked questions about investing in the SmartOwner Capital Growth Fund I for US and foreign investors. It addresses questions about accredited investor status, tax treatment, changes in residency status, investing without an Indian PAN number, remittance of payouts, US tax treatment as a pass-through entity, benefits of investing, and details around accounts for NRIs to use for investments and payouts.
The document discusses frequently asked questions about investing in the SmartOwner Capital Growth Fund I for US and foreign investors. It addresses questions about accredited investor status, tax treatment, changes in residency status, investing without an Indian PAN number, remittance of payouts, US tax treatment as a pass-through entity, benefits of investing, and details around accounts for NRIs to use for investments and payouts.
Original Description:
SmartOwner Capital Growth Fund I - FAQ - US Investors
The document discusses frequently asked questions about investing in the SmartOwner Capital Growth Fund I for US and foreign investors. It addresses questions about accredited investor status, tax treatment, changes in residency status, investing without an Indian PAN number, remittance of payouts, US tax treatment as a pass-through entity, benefits of investing, and details around accounts for NRIs to use for investments and payouts.
The document discusses frequently asked questions about investing in the SmartOwner Capital Growth Fund I for US and foreign investors. It addresses questions about accredited investor status, tax treatment, changes in residency status, investing without an Indian PAN number, remittance of payouts, US tax treatment as a pass-through entity, benefits of investing, and details around accounts for NRIs to use for investments and payouts.
1. Who can invest in the fund? If you are an investor from the United States of America, we check for your Accredited Investor status, without which you will not be able to participate in our offering. You meet the criteria to be an Accredited Investor if you - earned income that exceeded $200,000 (or $300,000 together with a spouse) in each of the prior two years, and reasonably expect the same for the current year, OR - have a net worth over $1 million, either alone or together with a spouse (excluding the value of your primary residence.), OR - are investing through an entity that qualifies, typically with assets in excess of $5 million.
2. What is the tax status of the fund? The Fund has a pass through status with respect to interest, dividends and capital gains and all income of the Fund will be taxable in the hands of the Contributor.
In the case of non-resident or foreign Contributors, the Fund is liable to deduct tax at the rates in force (tax rates applicable to the Contributor under the Income Tax Act and/or the relevant Double Tax Avoidance Agreement, as the case may be, subject to availability of relevant documents as per applicable law.)
3. I am a non-resident Indian. After my investment, if my status as NRI changes in any year to Resident Indian, then how will taxes be applied? The Contributor has to inform the Investment Manager of the change in writing in the same financial year, based on which the Contributor’s taxability will be reevaluated.
4. I am not a resident of India and I do not have an Indian tax ID number (PAN). Is there a way for me to invest without it? Non-Indian, including foreign corporations and partnerships, residents are allowed to invest directly in the AIF provided they have an Indian tax ID number, called a PAN number. For those investors who wish to participate without a PAN number or Indian tax filing obligations, there is another route which is to invest into a foreign entity that will in turn invest in the AIF and comply with the Indian tax obligations. Please ask us for further details.
5. How would the payouts to US investors be remitted? All the investments in and receipts from this fund are in INR. Payouts to investors will be made directly into their designated bank accounts in INR, which may be converted to the local currency as per the prevailing foreign exchange rates.
6. Will the fund be considered a PFIC with respect to U.S. investors? No. The fund is treated as a partnership under the Form 8832 election. Therefore, the
fund will be a pass-through entity and U.S. investors will be taxed on their share of the fund's income and capital gains.
7. What is the benefit of investing via SmartOwner Capital Growth Fund 1 as a foreign investor? Access to investment opportunities in a large sector of the fastest growing major economy of the world.
8. Can NRIs and PIOs invest in SmartOwner Capital Growth Fund 1? Yes.
9. From which account can NRI/PIOs invest? Investments for the units of AIF acquired by a person resident outside India shall be made by an inward remittance (wire transfer) through the normal banking channel including by debit to any NRE / NRO account.
10. If at the time of investment the NRI had invested through his NRE/NRO account and thereafter his status as non-resident changes, then how would the drawdowns take place? Would it need to necessarily continue from the account where the initial investments were made? In such cases the investor needs to inform the Fund about the change and provide necessary supporting documents so that the information can be updated. Thereafter, the Fund will accept drawdowns from the bank account that the investor maintains at the time.
11. Which address should be included in the application form? Communication address can be any address preferred by the investor, Indian or foreign; the permanent address of an NRI should be an overseas address.
12. To which account will payouts – remittance of distribution and capital from the fund be made for NRI contributors? If the contribution to the Fund is made from an NRE account, then the payout can be made to both NRE and NRO accounts, as per your choice. For contributions made through an NRO account, the payout can be made to an NRO account.