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.
| Activity | Head | Tax | ITR |
|---|---|---|---|
| F&O (equity/commodity) | Non-speculative business (Section 43(5)) | Slab | ITR-3 |
| Intraday equity | Speculative business | Slab | ITR-3 |
| Delivery shares / equity ETF (STT) | Capital gains | STCG 20% · LTCG 12.5% (over ₹1.25L) | ITR-2 |
| Gold/silver/other ETF, debt funds | Capital gains (or business if very frequent) | STCG at slab · LTCG 12.5% after 24m | ITR-2/3 |
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.
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.
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.
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.
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.
We classify your trading correctly (business vs capital gains) and file the right ITR.
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