For AY 2024-25 I will have to report my loss in F&O trading in business income head. If the proposed step to move F&O income from the head of business income to speculative income actually happens in budget to be presented in July’24, will I be able to offset my profit present FY onwards against the loss in previous FY which I will report in the ITR to be filed now.
Interesting & relevant query.
Only the taxman can answer that with any clarity and authority. He will do so only when/if such a law is passed.
Logic suggests that if F&O becomes speculative in FY24-25, then F&O profits made in current FY may not be admissible for adjustment and offset of losses from previous FY.
F&O losses in FY23-24 being business loss may have to be offset by gains in any activity that qualifies as a business in FY 24-25.
As an aside: A vast majority of F&O trades are intra-day and hence speculative anyway; so what what extent will that effectively reduce/curb current speculative F&O trading frenzy - which is the stated Govt objective? And since a vast majority of F&O traders lose money as per SEBI, there will be no profit to be taxed, so not much income to the Govt from such a policy. And reduction trading will directly reduce Govt income derived from sundry taxes levied by Govt on trading.
Interesting take indeed. We’ll have more context and clarity on this once the government announces the change officially.