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Setting off & carrying forward losses — capital losses and F&O

Quick answer

A short-term capital loss can be set off against any capital gain (short or long); a long-term capital loss only against long-term gains. F&O (non-speculative business) losses can be set off against most income except salary. Unabsorbed losses carry forward — 8 years (capital), 8 years (business).

Capital losses

  • Short-term capital loss (STCL): set off against both STCG and LTCG.
  • Long-term capital loss (LTCL): set off only against LTCG.
  • Capital losses cannot be set off against salary, business or other income.
  • Unabsorbed capital loss carries forward 8 years (LTCL still only against LTCG) — if you file the return on time.

Example: LTCG ₹1,15,000 and STCL ₹1,50,000 → the STCL fully offsets the LTCG (STCL can set off LTCG), leaving ₹35,000 STCL to carry forward.

F&O and intraday losses

  • F&O is a non-speculative business (Section 43(5)) — its loss can be set off against any income except salary in the same year, and a STCG can absorb an F&O loss.
  • Unabsorbed F&O loss carries forward 8 years, but only against business income.
  • Intraday equity is speculative — its loss sets off only against speculative income and carries forward 4 years.

Example: STCG ₹45,000 and an F&O loss ₹60,000 → the F&O business loss can be set off against the ₹45,000 STCG, leaving ₹15,000 to carry forward.

The golden rule — file on time

To carry forward any loss, you must file the return by the due date. A belated return forfeits carry-forward (except unabsorbed depreciation). See how trading is taxed.

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.
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