Is tax audit applicable for intraday/F&O trading?

This is a common question amongst stock market traders, let me try to break it down in this thread.

See like any other business, people who engage in intraday or F&O trading might have to go for a tax audit. However, this depends on a few criteria.

For starters, a tax audit is review of the books of accounts by a Chartered Accountant (CA) to verify its accuracy and compliance with income tax laws.

Now the primary factor to determine audit applicability for traders is their turnover.

For any business, a tax audit is required once turnover crosses ₹1 crore in a year. This limit goes up to ₹10 crore if your cash receipts and cash payments are each 5% or less of the total. Since intraday and F&O trades settle through your broker and bank, most traders easily meet this condition, so ₹10 crore is usually the number that matters for them.

You can refer to the table below.

You see, tax audit rules can get technical. You can use our Tax Audit Applicability Calculator to quickly check if tax audit applies to you.

For example, if you’re a full-time trader and your F&O turnover is ₹11.5 crores, you are required to get your books of accounts audited, as it exceeds the ₹10 crore threshold.

We’ve broken down how to calculate audit turnover for F&O traders in this video.

Apart from trading turnover, there is another reason you might have to conduct a tax audit i.e. presumptive taxation.

One thing worth knowing upfront: F&O trading and intraday trading aren’t treated the same way when it comes to presumptive taxation. F&O is a non-speculative business, so it can use the presumptive scheme below. Intraday trading is treated as speculative business, and in practice, it isn’t eligible for this scheme, even though the tax return utility itself is what enforces this. So the presumptive route below applies to F&O traders, not intraday traders.

Audit applicability for business declared under the presumptive taxation scheme

Presumptive taxation lets small businesses pay tax on a flat percentage of turnover, instead of maintaining full books and getting audited. For F&O trading, you can use this if your turnover is ₹2 crore or less (₹3 crore if your cash dealings are 5% or less of the total).

This is a separate limit from the audit threshold above, and it’s easy to mix the two up. Crossing ₹2 crore (or ₹3 crore) just means you can’t use the presumptive scheme anymore, not that you automatically need an audit. Whether you need an audit still comes down to the ₹1 crore / ₹10 crore rule.

Audit only becomes mandatory here in one specific case: if you’d used the presumptive scheme before, and now declare a profit lower than the scheme expects, and your total income is above the basic exemption limit. If your income is below that limit, you’re off the hook even then.

Once you’ve determined that a tax audit is required for your trading business, make sure to file the audit report by 30th September and submit your ITR by 31st October of the respective assessment year.

:bulb: For FY 2025-26, the ITR deadline is 31st July if you don’t have business income, and 31st August if you do but don’t need an audit. If you’re required to get audited, your deadline moves to 31st October. Getting an audit done voluntarily, when you’re not actually required to, doesn’t shift your deadline anymore, so don’t count on that to buy extra time.

Here’s a video that answers everything about tax audits.

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Last year I filed a return under Presumptive Taxation for my F&O business. This year I have losses. Is audit applicable to me?

Hi @Zainab_Hawa1,

Yes, since you have losses from F&O business in this year, audit is applicable to you.

Hope this clarifies!

Hello
If Turnover is between 2 to 10 Cr and there is loss, then Tax audit is applicable or not ?

Hi @rajat_goyal1,

No, a tax audit is not applicable if the turnover is ₹2 crores - ₹10 crores and the profit is less than 6% of the turnover (including loss).

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Hi @CA_Niyati_Mistry,

I had an Intraday Trading in the FY22-23 and Total Turnover is -6 P&L is -217 as per Zerodha.

Now, when I’m filing my return it’s asking for a Tax Audit. Do I need to do a tax audit only for on trading?

Hey @Saurav_Gupta,

Yes, tax audit is applicable on the Intraday Trading only.

Hope this clarifies!

1 Like

@CA_Niyati_Mistry

Even if I have done it mistakenly :smile: ? I mean it’s just one trade that too a very small amount. Can I file without having it audited?

Thanks for you response.

Hey @Saurav_Gupta,

The amount of turnover is small but there might be a certain situation specific to you, because of which it is asking for Audit. I cannot give a view based on incomplete information.

However you can Ask an Expert and get your queries answered.

Hope this helps!

Hi Team,

In F.Y. 2022-23 I started my job and have salary of 10 lakh, and started doing F&O trading (turnover 70k), with a loss of 50k. Is Tax audit applicable to me for this AY 23-24 filing?

Hello @NavalKabra9

Since you have not opted out of presumptive tax scheme in any of last 5 years and turnover is below 1 crore, tax audit is not applicable.

You can prepare P & L, Balance sheet and file ITR 3.

In case you need any expert assistance for filing ITR 3, you can book a MEET using the below link:

Book a MEET

Thanks.

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is ITR3 started for the current year ?

Hi @HIREiN
ITD have not yet enabled filing of ITR 3.

However, you can prepare ITR on Quicko (DIY) as well as book a MEET where tax expert shall prepare the ITR and keep JSON ready! As soon as ITD enables filing, we can go ahead and file the same.

Thanks

I have few questions:

  1. What you mean when you say opted out of Presumptive Taxation?
  2. I had started trading in previous year . I have not opted for Presumptive Taxation previous year. This year my T/O from trading is Rs 3 Lakhs and there is loss.

Am I liable for Tax Audit ?

Hi @Ayush

Here are the answers to your questions.

  1. Opting out of the presumptive taxation scheme means either you have voluntarily opted out or your turnover has crossed the threshold limit and hence you will be paying tax as per the regular taxation scheme.
  2. For FY 2023-24, the limit for the presumptive scheme is 3 crore for business.
    For a turnover of 3 lakhs and a loss, an audit u/s 44AB is NOT mandatory.

Read more about Tax Audit under Section 44AB of Income Tax Act - Learn by Quicko

But as per the information shared by your site , if a person’s income is less than 6/8% or the person has a loss in a particular year , Tax Audit is mandatory (Total Income more than basic limit).Also the image shared on site , if income is below 1cr and profit is less than 6% , Tax Audit is applicable so does less than 6% includes loss too?
Can you please clarify the same as there is lots of confusion.

Hi @Ayush

Since you have not opted out of the presumptive tax scheme in any of the last 5 years and your turnover is below 1 crore, a tax audit is not applicable.

Also, if you have opted for the presumptive scheme, and your profit is less than 6%/8% (including loss) of the turnover, then a tax audit is applicable.

Hope this clarifies.

So suppose it is my first year of trading and also filing ITR and following are the details:

  1. Turnover - Rs 3 lakhs
    2a) Situation 1 - Profit of Rs 10,000 (less than 6%)
    2b) Situation 2 - Loss of Rs 30,000

As it is my first year of filing ITR and trading , do I need to get Tax Audit done as per provisions of Income Tax Act ?

Hi @Ayush

Assuming you’re opting for the regular taxation scheme since your turnover is less than 1 crore, and the total income exceeds the basic exemption limit, a tax audit is not applicable as per the Income Tax Act under both situations.

A presumptive scheme is introduced to give relief to small taxpayers from the tedious job of maintenance of books of account and getting the books of account audited.

Hope this clarifies.

Thank you so much :blush: for your answers and patience

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