ITR
Setting off and carrying forward an F&O loss
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Facts
An F&O loss is a non-speculative business loss. It can be set off against other income in the same year except salary, and carried forward for 8 years against business income, if the return is filed by the due date.
Provisions and law
- Sec 71, Income-tax Act 1961 (now Sec 109, Income-tax Act 2025)Loss under one head can be set off against other heads, but business loss not against salary
- Sec 72, Income-tax Act 1961 (now Sec 112, Income-tax Act 2025)Business loss can be carried forward for 8 years against business income
- Sec 80, Income-tax Act 1961 (now Sec 121, Income-tax Act 2025)Losses can be carried forward only if the loss return was filed by the due date
Analysis
Example: salary ₹12 lakh, FD interest ₹50,000 and F&O loss ₹2 lakh. The loss is set off against the ₹50,000 interest, and ₹1.5 lakh is carried forward. It cannot reduce the ₹12 lakh salary. Carry forward needs an on-time return under Sec 80 (now Sec 121); in later years the loss can be set off only against business income.
Conclusion
- Compute the F&O loss
- Set off against non-salary income in the same year
- Carry forward the balance in schedule CFL
- File by the due date to keep the loss
- Track the loss year by year
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