Profits and losses are integral parts of any business. Set off and carry forward of losses is a way provided under income tax which taxpayers can use to reduce their taxable income. As the financial year 2023-24 approaches, understanding the regulations of set-off and carry forward of losses can help make well-informed financial decisions. Delve into the intricacies of set-off and carry-forward losses in India for the FY 2023-24.
When a business or trade occurs, it could result in profit or loss. The trader or businessman can incur losses or enjoy the benefits of gain. But laws of income tax in India give the taxpayers who have incurred losses some advantages.
Set-off and carry forward of loss means making adjustments of losses against the profit of that particular year. However, the losses that cannot be set off against income of the same year are carried to subsequent years. This is the meaning of set-off and carry forward of loss.
What is Set Off of Losses?
Set-off loss means deducting the losses against any other profits of the same financial year. In other words, reducing the taxable Income against such losses saves taxes. Even If losses are not set off against income or profits in the same year in which losses were incurred, they can be carried forward to the future assessment years (with some limitation and set off against income of subsequent years).A set-off could be an intra-head set-off or an inter-head set-off.
- Intra-head set off
- Inter-head set off
Intra-Head Set Off of Losses- Intra-Head Set Off of Loss allows taxpayers to set off losses from income from one source against income from another source under the same head of income. For example, if a taxpayer has a business loss from one source of income, they can set it off against the profit from another business source of income under the same head.
Exceptions to Intra-head set off
- Losses from the speculative business can only be set off against the income from the speculative business. And cannot be set off against income from any other businesses.
- Losses from owning and maintaining horse races can be set off against income from owning and maintaining horse races.
- Long-term capital losses can only be set off against long-term capital gains.
- Short-term capital losses can be set off against long-term and short-term capital gains.
- Losses from the specified business can only be set off against profit from the specified business. However, losses from other professions and businesses can be set off against profit and income from specified businesses.
- Loss from the exempted source of income cannot be adjusted against taxable income, E.g., Agricultural income is exempt from tax; hence, if the taxpayer incurs a loss from agricultural activity, then such loss cannot be adjusted against any other taxable income
This concept was introduced to provide relief to taxpayers who incur losses in a particular financial year. The Set-off and carry forward of loss assist taxpayers to settle the losses they incurred against the income they gained or the profit they made. Sometimes, all the losses do not settle against this year’s profit if the losses are high compared to the gains. In such cases, those losses can be carried forward into the profits of subsequent years.
Set-off and carry forward of loss happens when you calculate your capital gains, and the capital gains appear to be lesser than the cost of acquisition. Set-off and carry forward of loss can be measured by adjusting the gain or loss of that specific year. However, the rule is that the losses from capital gain cannot be set off against income in any other way. It could only be settled with capital gains.
For example, loss from property investment can only be settled against the profit of another property investment. You cannot fix these losses with other income, such as bonds and stocks. This is the set-off and carries forward of losses meaning.
What is Carry forward of losses?
Rules to carry forward losses:
- Losses under Income from house property- If losses under house property are not fully adjusted in the same financial year in which losses were incurred, they can be carried forward to the next 8 years. Such losses can be adjusted only against income from house property and can be carried forward even though ITR is filed after the due date {Section 139(1)}.
- Losses from Non-speculative Business- If losses under business or profession (Non-speculative business) are not fully adjusted in the same financial year in which losses were incurred, they can be carried forward to the next 8 assessment years. Such losses can be adjusted only against income from business or profession and can only be carried forward if the ITR is filed on or before the due date as per {Section 139(1)}. It is not necessary that the business from which such loss is incurred should be in continuance to carry forward losses.
- Losses under specified Business (35AD)- If losses under specified business are not fully adjusted in the financial year in which losses were incurred, they can be carried forward to infinite numbers of years. Such losses can be adjusted only against income from the specified business under 35AD and can only be carried forward if the ITR is filed on or before the due date {Section 139(1)}.
- Losses from speculative business-If losses under speculative business are not fully adjusted in the same financial year in which losses were incurred, they can be carried forward to the next 4 assessment years. Such losses can be adjusted only against income from the speculative business and can only be carried forward if the ITR is filed on or before the due date {Section 139(1)}. It is not necessary that the business from which such loss is incurred should be in continuance to carry forward losses.
- Losses from capital gain- If not fully adjusted in the financial year in which losses were incurred, capital losses can be carried forward to the next 8 assessment years.
- Long-term capital losses can only be adjusted against income from the LTCG. i.e., Long term capital gains.
- Short-term capital losses can be adjusted against both LTCG and STCG, i.e., Long term capital gains and Short-term capital gains.
- It can only be carried forward if the ITR is filed on or before the due date {Section 139(1)}.
- Losses from owning and maintaining racehorses- Losses under racehorses can be carried forward for the next 4 financial years if not fully adjusted in the previous year in which losses were incurred. Such losses can be adjusted against income from owning and maintaining racehorses and can only be carried forward if the ITR is filed on or before the due date {Section 139(1)}.
Section Losses can be carried forward Set off against Income from Time limitation for carry forward 71B Loss from House property House property 8 Years 72 Business and profession Business and profession 8 Years 73 Loss from speculative business Speculative business 4 Years 73A Loss from specified business Specified business No time limit 74 Short term capital loss Short term capital gain and Long term capital Gain 8 Years 74 Long term capital loss Long term capital Gain 8 Years 74A Loss from owning and maintaining horse races Owning and maintaining horse races 4 Years
FAQs
Which loss Cannot be carried forward?
Losses can only be carried forward if the income tax return for that financial year in which losses are incurred is filed on and before the due date as per section 139(1). In the case of house property, losses can be carried forward even if the income tax return is filed after the due date.
Can we carry forward losses without set off?
Losses not set off against income in the current year can be carried forward to the subsequent years against the same heads of Income of future years.
Can we carry forward the loss without an audit?
An audit is not required to carry forward losses from house property and capital gain. Exceptions to these cases are losses from trading in securities and business income if a person falls and qualifies to get his account audited in other Income tax law provisions. (i.e. Turnover exceeds the specified threshold Limit.)
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