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Capital Gains

Dividend Stripping and Bonus Stripping Under Income Tax Act 2025: Sections 107 & 108 Guide

VS Vikas Sharma 📅 March 26, 2026 ⏱️ 3 min read 👁️ 0 views
Legal Reference
Section 107 (dividend stripping anti-avoidance), Section 108 (bonus stripping anti-avoidance), ITA 2025 | Corresponds to Sections 94(7) and 94(8) of ITA 1961

1. What is Dividend Stripping?

Dividend stripping is a tax avoidance arrangement where an investor buys units of a mutual fund (or shares) just before a dividend/income distribution, collects the dividend (tax-free or at lower rate), and then sells the units at a lower price (since NAV drops after dividend payout) — claiming a capital loss to set off against other capital gains. The net result: tax-free dividend income + artificial capital loss to offset taxable gains.

2. Section 107: Anti-Avoidance for Dividend Stripping

To prevent this, Section 107 of ITA 2025 disallows capital losses arising from dividend stripping:

  • If an investor buys units/shares within 3 months before the record date for dividend AND sells within 9 months after the record date
  • AND the sale price is lower than the purchase price
  • THEN the capital loss (to the extent of dividend received) is disallowed — it cannot be set off against capital gains

The disallowed loss is not permanently lost — it is notionally added back to the cost of acquisition and can be used if the unit/share is held long enough for a genuine capital loss.

3. Example: Dividend Stripping Blocked

Illustrative only. Ram buys 1,000 units of a mutual fund at Rs 50/unit (total Rs 50,000) on 1 June 2026. The fund declares a Rs 5/unit dividend on 15 June 2026 (record date). Ram receives Rs 5,000 dividend. After dividend, NAV drops to Rs 45/unit. Ram sells on 15 October 2026 at Rs 45/unit (total Rs 45,000) — capital loss of Rs 5,000.

Under Section 107: Ram bought within 3 months before record date and sold within 9 months after — dividend stripping applies. The capital loss of Rs 5,000 (equal to dividend received) is DISALLOWED. Ram cannot set off this loss against other capital gains.

4. What is Bonus Stripping?

Bonus stripping is similar — an investor buys units before a bonus issue, receives bonus units (additional units at zero cost), and then sells the original units at a loss (since NAV adjusts downward after bonus) while holding the bonus units long-term for LTCG benefits.

5. Section 108: Anti-Avoidance for Bonus Stripping

Section 108 blocks bonus stripping:

  • If an investor buys units within 3 months before the record date for bonus AND sells original units within 9 months after the bonus
  • The capital loss on original units is disallowed to the extent of bonus units received
  • The disallowed loss is added to the cost of acquisition of the bonus units

6. Why These Provisions Exist

Before Sections 107/108, dividend and bonus stripping were widely used tax planning strategies — particularly with mutual funds that distributed large dividends. IDCW (Income Distribution cum Capital Withdrawal) mutual fund options were structured specifically around these strategies. Sections 107/108 closed these loopholes, making genuine long-term investment the only way to benefit from mutual fund returns efficiently.

7. Impact on IDCW Mutual Fund Investors

Regular investors in IDCW (dividend) option mutual funds are NOT affected by Section 107 as long as they do not sell within 9 months after the dividend record date. The provision targets only deliberate dividend stripping — buying just before dividend and selling immediately after. Long-term IDCW investors who hold for years are not affected.

8. Why TaxClue

Inadvertent dividend stripping disallowances can catch investors by surprise — especially in volatile markets where short-term selling occurs. TaxClue identifies potential Section 107/108 triggers in your portfolio before year-end. Contact us for mutual fund taxation advisory under ITA 2025.

Disclaimer
This article is for general informational and educational purposes only. It does not constitute legal, financial, or professional tax advice. Readers are advised to consult a qualified Chartered Accountant or tax professional before making any decisions. TaxClue Consultech Pvt Ltd accepts no liability. All case studies and examples in this article are illustrative only and do not represent actual persons or transactions.

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❓ Frequently Asked Questions
What is dividend stripping?
Dividend stripping is a tax avoidance strategy where an investor buys mutual fund units just before the fund declares a dividend, collects the dividend income, then sells the units at a capital loss (since NAV falls after dividend payout). The investor gets tax-exempt or lower-taxed dividend income plus an artificial capital loss to offset other capital gains. Section 107 of ITA 2025 disallows the resulting capital loss to the extent of dividend received.
When does the dividend stripping disallowance apply?
Section 107 disallowance applies when: (1) the investor buys mutual fund units or shares within 3 months before the record date for dividend; AND (2) sells those units within 9 months after the record date; AND (3) the sale price is lower than the purchase price. If all three conditions are met, the capital loss is disallowed to the extent of dividend received. The disallowed loss is added to the cost of acquisition for future computation.
What is bonus stripping and how does Section 108 work?
Bonus stripping involves buying mutual fund units before a bonus issue (where additional units are given free), then selling original units at a capital loss (NAV adjusts down after bonus), while holding the bonus units for long-term gains. Section 108 disallows the capital loss on original units to the extent of bonus units received, if original units are sold within 9 months of the bonus issue after being bought within 3 months before it.
Does this affect regular IDCW mutual fund investors?
No — long-term IDCW (dividend) mutual fund investors who hold their units for years are not affected. Sections 107 and 108 target deliberate tax-avoidance transactions where the sole purpose is to create artificial losses. Regular investors who receive dividends and continue holding their units well beyond 9 months from the record date are completely unaffected by these anti-avoidance provisions.
Is the disallowed capital loss lost permanently?
No. The capital loss disallowed under Section 107 is not permanently lost. It is added to the cost of acquisition of the units held after the transaction. This means when those units are eventually sold in a genuine non-stripping transaction, the cost basis is higher and the resulting capital gain (or loss) will correctly reflect the economic reality. The disallowance only defers the loss claim — it does not eliminate it permanently.

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