What Happened?
In September 2026, SEBI (Securities and Exchange Board of India) has proposed a significant change to how mutual funds settle their cash-market transactions. The regulator is seeking public comments on allowing mutual funds to net their fund obligations for outright cash-market trades, while retaining gross settlement for securities. This means mutual funds can offset their cash inflows and outflows against each other, but will continue to track each security individually during settlement.
Background & Legal Context
Understanding this proposal requires clarity on two tax-related aspects under the Income Tax Act 2025:
1. Fund Settlement Mechanism & Tax Character
Currently, mutual funds follow gross settlement norms, meaning every rupee received and every rupee paid out is tracked separately. Under Section 2(24) of the Income Tax Act 2025 (which defines 'income'), the character of transactions and their settlement methodology can impact:
- The timing of income recognition for the fund house
- The treatment of capital gains/losses for unitholders
- The deduction eligibility under Section 57 (expenses of management) for mutual fund companies
Net settlement of funds means mutual funds will only transfer net cash amounts to exchanges/clearing corporations, not gross amounts. This is different from how it works today.
2. Applicability to AY 2025-26 and AY 2026-27
Since this proposal was made in September 2026, it is likely to affect:
- AY 2026-27 (FY 2025-26): Where net settlement rules may be implemented if approved immediately
- AY 2027-28 (FY 2026-27): Where full compliance and reporting will be mandatory
The Income Tax Act 2025 requires all mutual fund transactions to be reported under Schedule FA (financial assets) as per new reporting norms. The net settlement proposal will need alignment with these reporting requirements.
3. GST Implications (if any)
While SEBI's proposal is primarily a settlement mechanism change, it may have indirect GST implications. Under GST law, mutual funds are treated as 'financial services' and are exempt from GST. However, the settlement methodology change should not affect this exemption as it only changes the cash movement flow, not the nature of the service.
What Does This Mean for You?
For Mutual Fund Investors
The net settlement proposal has several practical implications:
- Faster fund transfers: Since only net amounts are moved, there could be faster credit of redemption proceeds to your bank account
- No impact on returns: Your capital gains, dividends, and cost of acquisition remain unchanged. Tax liability for investors remains exactly the same
- NAV calculation: The NAV (Net Asset Value) of mutual fund units will not be affected as the investment portfolio and liabilities calculation method remains unchanged
- Statement clarity: Your mutual fund statement will show the same details; only backend settlement happens differently
For Mutual Fund Houses
This is more significant for fund managers:
- Working capital improvement: By netting cash obligations, MF houses can reduce idle cash balances and deploy capital more efficiently
- Tax reporting changes: Under Section 92(3) of the Income Tax Act 2025 (Transfer Pricing), if net settlement reduces inter-fund cash movements, transfer pricing documentation may need revision
- Expenses of management: Section 57 of the Income Tax Act 2025 allows mutual funds to deduct reasonable expenses. Net settlement could potentially reduce transaction costs, which must be reflected in lower management fees if SEBI mandates it
- Audit trail compliance: Under Section 44AB (audit requirement for businesses)**, mutual fund houses must maintain proper records of net settlement reconciliation
For Investment Advisors & Distributors
Net settlement affects your reporting and reconciliation processes:
- Investment statements provided to clients should clearly show that net settlement is only a backend change
- Commission structures tied to transaction volumes or settlement amounts may need review
- Your MIS (Management Information System) should be updated to reconcile gross liability positions with net cash movements
What Should You Do Now?
Step 1: Monitor SEBI's Final Circular
SEBI is currently seeking public comments on this proposal (as of September 2026). Wait for the final circular which will specify:
- Implementation timeline (likely AY 2026-27 onwards)
- Whether net settlement applies to all cash trades or only specific categories
- The mechanics of netting (daily, weekly, or per-transaction basis)
Step 2: Align Your Tax Compliance
If you're a mutual fund house or significant investor:
- Ensure your IT audit software can track both gross and net settlement amounts (for Schedule FA disclosures in AY 2026-27)
- Review your Fund Transfer Pricing documentation if applicable under Section 92
- Update your expense allocation methodology (under Section 57) to reflect net settlement benefits
Step 3: Communication to Unitholders
Prepare investor communication highlighting:
- This is a SEBI-level operational change, not a change in fund structure
- Tax treatment for investors remains identical
- Net settlement may improve fund efficiency and potentially benefit long-term returns
Step 4: Documentation for IT Dept
Maintain clear reconciliation statements showing:
- Gross position of all cash movements
- Net amount actually transferred to exchanges
- This supports your audit trail under Section 44AB
Key Takeaways
- SEBI's September 2026 proposal allows mutual funds to net cash obligations for cash-market trades while keeping securities settlement gross β this is primarily an operational efficiency measure
- Tax character of mutual fund transactions remains unchanged β investor capital gains, fund house income recognition, and GST treatment all stay the same under Income Tax Act 2025 and GST law
- Net settlement could reduce expenses of management (Section 57) for mutual fund houses, which must be properly documented and disclosed in audit trails
- Implementation will likely start from AY 2026-27 (FY 2025-26) β all fund houses must update their IT systems and audit procedures for dual-track reconciliation (gross vs. net)
- Investors see no practical impact on returns, NAV, or tax liability β this change only affects the speed and efficiency of fund settlement at the backend
Need expert help with this? EaseValue CAs in Jaipur β WhatsApp 63677 44602
EaseValue