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ITA 1961 → ITA 2025Pass-through Status

Section 115UB Section 139

Tax on income of investment fund and its unit holders (AIFs)

RetainedHigh - Backbone of startup funding structures.

Quick Answer

Section 115UB of the Income Tax Act, 1961 (Tax on income of investment fund and its unit holders (AIFs)) corresponds to Section 139 of the Income-tax Act, 2025, effective 1st April 2026. Status: Retained.

What changed for Section 115UB

Under the Income Tax Act, 1961, Section 115UB governs tax on income of investment fund and its unit holders (aifs). Grants 'pass-through' status to Category I and II Alternative Investment Funds (AIFs). Income (other than PGBP) is taxed directly in the hands of the investor.

From 1st April 2026, the same subject sits at Section 139 of the Income-tax Act, 2025 — retained and renumbered as Section 139 of the Income-tax Act, 2025. Retained verbatim. Crucial for the venture capital and private equity ecosystem in India.

For Section 115UB, the practical impact is rated High. Backbone of startup funding structures.

Old Law (ITA 1961)Ch: XII-FB

Sec 115UB

Provision Summary

Grants 'pass-through' status to Category I and II Alternative Investment Funds (AIFs). Income (other than PGBP) is taxed directly in the hands of the investor.

New Law (ITA 2025)Ch: XI

Sec 139

Provision Summary

Retained verbatim. Crucial for the venture capital and private equity ecosystem in India.

Key Changes & Highlights

  • Loss carry-forward rules for AIFs made more investor-friendly.

Related Sections

Section 10(23FBA)

Frequently Asked Questions

What is Section 115UB of the Income Tax Act, 1961 about?

Section 115UB of the Income Tax Act, 1961 covers tax on income of investment fund and its unit holders (aifs). Grants 'pass-through' status to Category I and II Alternative Investment Funds (AIFs). Income (other than PGBP) is taxed directly in the hands of the investor.

Which section replaces Section 115UB in the Income-tax Act, 2025?

Section 115UB of the Income Tax Act, 1961 maps to Section 139 of the Income-tax Act, 2025, effective 1st April 2026 (status: Retained). Retained verbatim. Crucial for the venture capital and private equity ecosystem in India.

What is the impact of the change to Section 115UB under the new tax code?

The transition impact for Section 115UB is rated High. Backbone of startup funding structures.

What should I watch out for when Section 115UB moves to the 2025 code?

Loss carry-forward rules for AIFs made more investor-friendly. These points are specific to Section 115UB (Tax on income of investment fund and its unit holders (AIFs)).

Disclaimer: This mapping of Section 115UB (Tax on income of investment fund and its unit holders (AIFs)) to Section 139 of the Income-tax Act, 2025 is for educational and reference purposes only, based on publicly available drafts and circulars. As Section 115UB is currently marked Retained, always confirm its treatment with a qualified Chartered Accountant before filing or making compliance decisions.

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