Index funds, ETFs and funds of funds: what sits inside, and how each is taxed
Index funds and ETFs copy an index; a fund of funds holds other funds. Here are SEBI's rules, the overseas limits, the India tax class by type for FY 2026-27 and what holders abroad should know.
Prepared by Prem Tax and Accounting Corp. Last checked against official sources on November 5, 2026.
An index fund or ETF copies an index, and a fund of funds (FoF) holds other funds instead of shares. Both sit in SEBI's "other schemes" group. The Index-Layer Peel Sheet below shows what lies inside each layer. It recommends nothing.
- Index funds and ETFs keep 95% in the index's securities; an FoF keeps 95% in its underlying funds.
- India, FY 2026-27: three tax classes, set by what the fund holds, not by its wrapper.
- Overseas funds are capped by SEBI, and the open or closed status is the fund house's notice, not SEBI's.
- U.S.: usually a PFIC, the practitioner view.
Source: AMFI monthly report
What SEBI requires
| Product | Rule |
|---|---|
| Index fund or ETF | 95% in index securities; tracking error at most 2% for equity, tracking difference 1.25% for debt; equity ones rebalance within 7 days of an index change |
| Fund of funds | 95% in underlying funds; expense cap 0.90% if it holds index funds, ETFs or liquid funds |
| Overseas investing | USD 1 billion per fund house within a USD 7 billion industry cap; overseas ETFs USD 300 million within USD 1 billion (as of 20 March 2026) |
How India taxes it (FY 2026-27)
| Type | Class | Long term after |
|---|---|---|
| Indian equity index fund or ETF | Equity-oriented | 12 months |
| Debt index fund or ETF | Specified | Never, for units bought from 1 April 2023 |
| Gold, silver or overseas, listed | Other | 12 months, 12.5% |
| Gold, silver or overseas, unlisted | Other | 24 months, 12.5% |
A domestic FoF is equity-oriented only if 90% sits in one listed fund that itself holds 90% listed Indian shares. Gold ETFs are no longer slab-only: the 2023 to 2025 rule ended for transfers from FY 2025-26. STT of 0.001% applies to a delivery sale of equity ETF units, and none to buying.
Abroad in short
- USA: mark-to-market for ETFs depends on whether NSE and BSE are qualified exchanges, which is not settled. An overseas FoF's inner funds may add indirect PFIC filings, with a USD 5,000 exception in some cases.
- Canada: the T1135 category for ETF units held in an Indian demat account is not settled.
- UK and Germany: no Indian ETF is on HMRC's list of 2 November 2026. Germany counts equity-fund units held by a fund as 51% equity; whether that reaches Indian FoFs is not settled.
Our checklist
The Index-Layer Peel Sheet, per holding:
- Wrapper: index fund, ETF or FoF, and what it tracks or holds.
- Where units sit: folio or demat account, and the exchange if listed.
- The fund house's latest notice on overseas room.
Mistakes people make
- Calling every international fund an equity fund for tax. Only Indian listed shares count.
- Using 24 months for a listed gold ETF.
Re-check the caps and rates each April.
Common questions
Are gold ETFs taxed like debt funds?
No. From FY 2025-26 transfers they follow the normal holding periods, with 12.5% long-term gains.
Is an international fund open to new money?
SEBI does not publish that. Each fund house's notice decides.
Do overseas holdings raise the risk label?
They tend to. SEBI's method scores foreign holdings at 7, so funds with large overseas holdings tend to show high levels.
Official sources
- SEBI: Master Circular for Mutual Funds, 20 March 2026
- SEBI: Investments in overseas mutual funds by Indian mutual funds, 4 November 2024
- Income Tax Department: Income-tax Act 2025, section 76
- Income Tax Department: Income-tax Act 2025, section 198
- AMFI: Monthly Report, September 2026
- IRS: About Form 8621
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