Set off and carry forward of losses

@Surbhi_Pal thanks surbhi,
that means the order is defined in act, why we say it is not defined.

illustration if we change the order of set off-
Setting off losses with other heads is no more valid, if the losses from housing are compensating housing profits and left no profit for carry forward losses . Am I right?
example: housing profits in a FY - 300000
losses(housing in same FY) - 300000
carry forwarded losses - 100000

so 100000 can not be adjusted with other heads and again carry forwarded to next year, is not it? but if we change the order of set off, then 100000 can be set off in same FY with other heads… thanks!!

Hey @Blue_Sky,

I meant the order for losses from which property i.e. let-out or self-occupied is not defined.

Moreover, I do understand what you are implying. But, the order still remains as explained above.

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Hello,

One general question - If someone in old tax regime had F&O loss carried forward from last 2 years. Can that loss be carried forward to new tax regime this year?

(Read the blog but still wanted this clarification)

Thanks

Hi,
I have a question.

If I have

  1. incurred losses in F&O in Current FY and
  2. I have STCG in Current FY and
  3. I have carry-forwarded STCL from Previous FY and
  4. some interest income from bank account in Current FY and
  5. some business income under presumptive taxation in Current FY.

Under above conditions, how the F&O losses will be adjusted, and against which income will they be adjusted first?

Hey @Anan28,

Yes, the losses can be carried forward.

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Hey @Citizen.Reporter,

The F&O losses will be first adjusted against the current year’s income, i.e. profit from the presumptive business, interest income and STCG (in the same order). The remaining losses(if any) will be carried forward.

Brought-forward STCL can be set off only against STCG and LTCG in the current FY. However, firstly the current year’s gains will be set off against F&O losses and then the brought forward STCL.

Hope this helps!

@Surbhi_Pal @TeamQuicko

So let’s say,

  1. My presumptive business turnover is 20 lakh, my profit is 50% which is 10 lakh,
  2. My F&O losses are 2 lakh,
  3. My STCG is 1 lakh,
  4. My interest income is Rs. 50000

Given above data, and as per info you provided in previous response, my F&O losses will be first adjusted against presumptive business income.
So after adjusting the F&O losses against my business income, my income under B&P will be Rs. 8 Lakh.
So as my overall B&P income will be below 50% of my presumptive business turnover, will I be required to do Audit?

Before loss adjustment, my presumptive B&P income did not required audit, but after loss adjustment will the B&P income require audit?

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@Surbhi_Pal @AkashJhaveri

Can anyone of you please answer the last query raised by Citizen.Reporter I also have same question.

@Surbhi_Pal Do you happen to know answer to my question?

@TeamQuicko @Surbhi_Pal

Consider below:

Interest income Rs 10 Lac
Eq STCG Rs 5 Lac
Eq LTCG Rs 5 Lac
Current year FnO Business Loss Rs 11 Lac

The FnO Loss will be first adjusted against LTCG/STCG or against Interest Income ?
Is there any specified sequence for inter head adjustment?

Hey @Atul2,

There is no such sequence for the set-off of losses mentioned in the IT Act, however, according to the Income Tax utility’s behaviour, the losses will first be set off against interest income, then STCG followed by LTCG.

Hope this helps!

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Hi @Surbhi_Pal can you please answer this, as I have the same question.

Hey @Citizen.Reporter @Garshasp,

An audit will be required if the income from the profession falls below 50% of the turnover.

Your income from your profession does fall in this criteria after the losses set off. Following a conservative approach, it is better to get an audit done.

Hope this clarifies.

Hi @CA_Jayni_Bhavsar ,

I have long term Capital gains and also F&O losses. Can i show capital gains profit amount against F & O losses. Whether both comes under non- speculative ? Can you pls suggest

Hey @ashishmoulya

Yes, you can set off the losses incurred in F&O trading against the long-term capital gains specifically for the same year.

Further, the income generated from F&O trading will be reported as Non-speculative business income under the “Income from business and profession” section, whereas the long-term capital gains will be reported under the “Income from capital gains” section when filing the income tax return.

Hope this helps!

Hi @CA_Jayni_Bhavsar ,

Specifically same year means , i didn’t understand, could you pls elaborate

Capital gains which i got after 5 years, and F& O losses carry forwarded from 2 years.

Thanks,
Ashish

Hello @ashishmoulya

If you have incurred losses in F&O trading during the current year, you can offset these losses against the incomes earned in the same year, except for salaries. This means that if you have losses in F&O, you can only set them off against the long-term capital gains of the current year.

Furthermore, any F&O losses that are carried forward can only be set off against F&O gains and not against any other incomes.

Hope this clarifies!

Thank you @CA_Jayni_Bhavsar

Hello, Greetings.

It would be very helpful if someone clarifies the following doubt of mine:

In financial year 22-23, I had STCL of ₹ 1.05K, LTCL of ₹ 4.6K and F&O Loss of ₹ 1.76K.
Now during IT return filling last year, I neither carry forward or set off any losses.
Can I now use loss of previous years to set off the profits of current financial year i.e. 23-24?

Thanks and Regards

Hey @goyalnicks,

In order to set off your losses from previous year, it was necessary to file the ITR before the due date and report those losses.

Hence, in this case you cannot set-off the losses from FY 22-23 against gains from FY 23-24.