Capital loss set-off and carry forward with a timely return, Sec 108, 109, 111, 121 (old 70, 71, 74 and 80)

Tax planning

Capital loss set-off and carry forward with a timely return, Sec 108, 109, 111, 121 (old 70, 71, 74 and 80)

What this means, checked by a CA

A capital loss can cut your capital gains tax this year and for up to 8 more years, but only if you file your return on time and show it. Short-term losses can be used against any gain; long-term losses only against long-term gains. We map every loss, apply it in the best order and make sure it is carried forward in your return.

₹999

a year, + 18% GST

  • Delivered in 1 working day after statements
  • Due: Return must be filed by the Sec 139(1) (now 263(1)) due date to carry forward a loss (AY 2026-27: 31 July 2026 for ITR-2). Losses carry forward for 8 assessment years.

How we do it: IDFD

Every case runs through the same four steps: Information, Discussion, Forms, Deliverables. You see each one ticked as it happens.

InformationWhat we need from you · 5 items
  1. Broker tax P&L and MF statement

    Current year gains and losses

  2. Last 8 years' ITR acknowledgements

    Prove loss years were filed on time

  3. Previous year's Schedule CFL

    Opening loss balances by year and type

  4. Sec 270(1) (old 143(1)) intimations for loss yearsOptional

    Loss as accepted by CPC

  5. Property or other asset sale workingOptional

    Non-equity losses

DiscussionWhat we discuss · 5 items
  1. Were the earlier loss years' returns filed by the due date?

    Late loss returns cannot carry forward

  2. Are the losses short term or long term, and on which assets?

    Long-term loss only against long-term gain

  3. Do you have F&O, intraday or crypto losses as well?

    These are not capital losses; different rules

  4. Did you revise a return after the due date for a loss year?

    Timely original return keeps the right

  5. Do you expect large gains in coming years (property, ESOP exit)?

    Plan use before the 8-year expiry

FormsForms we file · 5 items
  1. Build a loss register: year, type (short or long), amount, expiry year

    Where: Internal working from past Schedule CFL. Due: Before filing

  2. Set off current-year losses

    Short-term loss first against short-term gains taxed at higher rates, then against long-term gains; long-term loss only against long-term gains; Sec 198 (old Sec 112A) gains after set-off, then the ₹1,25,000 exemption

    Where: Internal working. Due: Before filing

  3. Set off brought-forward losses, oldest first

    Brought-forward short-term loss against any capital gain; long-term loss only against long-term gain; drop any loss older than 8 assessment years

    Where: Internal working. Due: Before filing

  4. Fill Schedule CG, CYLA, BFLA and CFL

    Where: https://www.incometax.gov.in > e-File > ITR-2 or ITR-3. Due: AY 2026-27: 31 July 2026 (ITR-2)

  5. File and e-verify before the due date even if there is no tax

    Where: https://www.incometax.gov.in. Due: By the Sec 263(1) (old 139(1)) due date

DeliverablesWhat you get · 2 items
  1. Loss register with expiry years

    When: With the return

  2. Filed ITR showing losses carried forward

    When: Same day

Questions people ask

  • Can I set off a share loss against my salary?

    No. Capital losses can only be set off against capital gains.

  • How long can I carry a capital loss forward?

    8 assessment years after the year the loss was first computed.

  • I filed late. Can I still carry the loss forward?

    No. The loss must be determined in a return filed within the Sec 139(1) due date.

  • Will my old losses survive the new Income-tax Act 2025?

    Yes. They continue and are set off under the 2025 Act in the same way the 1961 Act allowed.

  • Can I file ITR-1 if I have a loss to carry forward?

    No. ITR-1 and ITR-4 cannot be used with brought forward or carried forward losses.

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+ 18% GST

Book Capital loss set-off and carry forward with a timely return, Sec 108, 109, 111, 121 (old 70, 71, 74 and 80)