Alternative Investment Funds (AIF)

An Alternative Investment Fund (AIF) is a privately pooled investment vehicle that collects funds from sophisticated investors (Indian or foreign investors) to invest them according to a specific investment policy for the benefit of its investors.

The AIF invests in alternative asset classes such as private equity, venture capital, hedge funds, real estate, commodities and derivatives. They are very popular with mature investors willing to achieve higher returns and take higher risks, such as high net worth investors. HNI (high net worth individuals) and institutions invest in AIFs. An alternative investment fund is a financial investment that does not fall under the traditional investment categories.

AIFs can be set up flexibly as trusts, companies, limited partnerships or joint stock companies. However, a significant number of AIFs registered with SEBI are structured as trusts.

Securities Exchange of Board of India (SEBI) has categorized AIFs into 3 categories:

Alternative Investment Funds shall seek registration in these categories:-

1. Category 1: In this category, the AIF mainly invests in start-ups, early-stage ventures, SMEs, infrastructure funds or social projects.
2. Category 2: In this category, AIF invests mainly in private equity funds, funds of funds and Debt Funds.
3. Category 3: In this category, AIF Mainly invests in Private Investment in Public Equity Funds (PIPE) and Hedge Funds.

Eligibility criteria for investors:

• Resident Indians, NRIs, and foreign nationals can invest in these funds.
• Investors must meet a minimum investment threshold of Rs. 1 crore, while directors, employees, and fund managers have a minimum investment requirement of Rs. 25 lakh.
• AIFs entail a minimum lock-in period of three years.
• The maximum number of investors allowed in each scheme is limited to 1000, except for angel funds, which can accommodate up to 49 investors.

Alternative Fund taxation

Taxation on AIF depends upon the type of categories, let’s understand here:

• Category I and Category II investments enjoy pass-through status, indicating that any income (except business income) generated by the AIF is exempt from taxation. However, these gains are subject to taxation in the hands of investors, as if they made the investments personally, despite the AIF being the actual investor.

• In contrast, Category III investments do not have pass-through status, meaning that the income earned is taxable at the fund level. However, the tax implications differ based on the fund's structure (such as Company, LLP, trust, etc.). Investors in this category are not liable to pay