India's SEBI Proposes Reintroduction of Share Buybacks via Stock Exchanges
Concerns settled, share buybacks could flow via exchanges again
The Economic TimesImage: The Economic Times
The Securities and Exchange Board of India (SEBI) plans to reintroduce share buybacks through stock exchanges, reversing a previous ban. This decision follows amendments to the taxation framework that address earlier concerns about fairness and shareholder participation. The new rules aim to create a level playing field for all shareholders.
- 01SEBI is set to allow share buybacks through stock exchanges again.
- 02The decision comes after changes in tax rules that address fairness concerns.
- 03Public shareholders will now be taxed on actual capital gains during buybacks.
- 04The new framework aims to ensure equal participation for all shareholders.
- 05Existing safeguards will remain in place to regulate the buyback process.
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The Securities and Exchange Board of India (SEBI) has proposed reintroducing share buybacks through stock exchanges, reversing a ban that was implemented due to concerns about fairness and tax distortions. The previous tax regime had created inequities among shareholders, as companies paid the buyback tax while shareholders did not. However, with the amendments to the Income Tax Act, public shareholders will now be taxed on actual capital gains when they tender their shares in a buyback, aligning this process with standard market sales. This change is expected to eliminate the differential tax advantages that previously existed. The buyback process will utilize an order-driven mechanism, ensuring equal opportunities for all public shareholders under uniform conditions. SEBI has also retained existing safeguards, including a separate buyback window, limits on price and volume, and enhanced disclosure requirements, while inviting public comments on the proposed framework by April 23.
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The reintroduction of share buybacks could enhance market liquidity and provide more opportunities for investors to participate in corporate returns.
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