Yeah, that quote was never meant for the retail shareholders, its was meant for those with a controlling stake.
Since the discussion was around the promoters, by not participating in buybacks, the promoters being the continuing shareholders, stand to benefit by increasing their stake in the company without directly paying for it.
Yeah.
Taxing buybacks similar to dividends, at slab rates, certainly disincentivizes anyone (especially HNIs/promoters) falling in the higher tax bracket or any tax rate higher than the capital gains tax rate for that matter.
The current taxation on buybacks is probably the major reason for promoters to not participate in them.
The first positive is the presumed valuation, i.e., by not participating, the promoters are signalling that the shares are undervalued even at the buyback price.
But, as discussed in this thread, the main reason for their non participation could very well be the tax treatment of buyback, rather than it’s valuation.
The other positive aspect could be the fact that anyone buying at current price levels can sell them at buyback price, locking in a guaranteed gain, provided they are bought before the record date and their tender to sell gets accepted.
(Correct me if I’m wrong here i.e.,on locking in the gains) sounds logically easy, but for some reason don’t think it is that easy, as the acceptance of tender doesn’t seem to be guaranteed, as it is restricted to the number of shares available for buyback.
My point was, even If the tax rules around buybacks were favorable, this
could be a reason for promoters’ non participation. (especially when they feel it is undervalued at current buyback price)
The promoters may hold onto their shares, deferring the income tax for years or decades. This is not merely a matter of timing but rather allows them to generate even more income over time. As their shares appreciate, their wealth and purchasing power rises. Even worse, shareholders may take loans against their assets, allowing them to effectively spend their income without technically “realizing” it and paying income taxes on it.