ResearchIncome TaxQuestions & Answers › How trading is taxed — F&O, ETFs, intrad...
Income Tax · Capital gains · Trading

How trading is taxed — F&O, ETFs, intraday, and salary + capital gains

Quick answer

It depends on how you trade. F&O and intraday are business income (taxed at slab, ITR-3); delivery shares and equity ETFs are capital gains (equity STCG 20%, LTCG 12.5% over ₹1.25 lakh). You're taxed only on what you sell — unsold holdings aren't taxed.

The classification decides everything

ActivityHeadTaxITR
F&O (equity/commodity)Non-speculative business (Section 43(5))SlabITR-3
Intraday equitySpeculative businessSlabITR-3
Delivery shares / equity ETF (STT)Capital gainsSTCG 20% · LTCG 12.5% (over ₹1.25L)ITR-2
Gold/silver/other ETF, debt fundsCapital gains (or business if very frequent)STCG at slab · LTCG 12.5% after 24mITR-2/3

F&O is business, not capital gains (Section 43(5))

Equity and commodity F&O is a non-speculative business — net profit is taxed at your slab rate and you file ITR-3. Turnover (sum of absolute profits and losses) only matters for the tax-audit threshold, not the tax itself. Losses can be set off and carried forward — a reason to report them properly.

Swing trading an ETF (e.g. silver ETF)

If you buy and sell as investment, it's capital gains — short holding taxed at slab, long-term (24m+) at 12.5%. If it's frequent, high-volume activity, it can be treated as business income. Be consistent year to year.

Salary ₹5 lakh + short-term capital gains ₹2 lakh

Compute them separately: salary at your slab; equity STCG at a flat 20% (Section 196, old 111A). They don't merge — the STCG isn't taxed at your salary slab.

Is the ₹1.25 lakh a deduction before calculating?

It's a threshold within equity LTCG (Section 198, old 112A), not a Chapter-VIA deduction. The first ₹1.25 lakh of long-term equity gains each year is exempt, then 12.5% on the rest. It does not reduce your STCG, salary or other income.

Bought securities but didn't sell — any tax?

No. Capital gains arise only on sale. Simply holding shares/funds isn't taxable, even though the purchase may appear in your AIS. (Only at very high income do you separately disclose assets in Schedule AL.)

Rates: capital-gains reckoner · Which form: ITR-1 vs ITR-2.

General information based on the Income-tax Act as it stands, not advice on your specific case. Tax outcomes depend on your exact facts and residential status. © EaseValue Advisors LLP.
💬