Saving Taxes!
Profit and losses are two sides of a coin. Losses, of course, can be painful but not as much as you think it is. The Income Tax Act provides provisions for set-off and carry-forward of losses. This loss can be from house property, business, capital loss, or any other loss. Each loss arising can be setoff against both inter-head and intra-head incomes. Further, the excess loss can be carried forward to the next assessment years for a specific time period and can be then setoff against the income of that year.
This article will discuss the provisions related to set-off and carry forward of losses in detail and will help a taxpayer utilise the losses to reduce the taxability of income.
Note: Under the New Tax Regime, the loss from House Property cannot be set-off against income from any other heads. Only intra-head set-off is allowed for losses from house property.
Set-off of losses means adjusting the losses against the profit or income of that particular year. Losses that are not set off against income in the same year can be carried forward to the subsequent years for set off against income of those years. A set-off could be an intra-head set-off or an inter-head set-off.
It means utilising losses to reduce taxable income and save taxes.
The losses from one source of income can be set off against income from another source under the same head of income.
For eg: Loss from Business A can be set off against profit from Business B, where Business A is one source and Business B is another source under the common head of income is “Business”.
Exceptions to an intra-head set off:
After the intra-head adjustments, the taxpayers can set off remaining losses against income from other heads.
Eg. Loss from house property can be set off against salary income under the Old Tax Regime only.
Given below are few more such instances of an inter-head set off of losses:
One needs to also note that the following losses can’t be set off against any other head of income:
a. Speculative Business loss
b. Specified business loss
c. Capital Losses
d. Losses from an activity of owning and maintaining race-horses
e. Losses from sources of Lotteries, crosswords, Puzzles, card games other gambling.
f. Losses from exempted sources of income are not eligible for adjustment against taxable income.
It is important to understand that any losses should first be set-off against the income from the same head. Such loss can only be set-off against incomes from other heads only when there is no income in the relevant head or the loss is more than the income under that head.
After making the appropriate and permissible intra-head and inter-head adjustments, there could still be unadjusted losses. These unadjusted losses can be carried forward to future years for adjustments against income of these years. The rules as regards carry forward differ slightly for different heads of income.
These have been discussed here:
Let’s try to understand this with below example
Mr Rama aged 45 years submits the following income pertaining to the FY 2023-24
Computation of income under old tax regime
Particulars | Amount | Amount |
Income From Salary | 4,20,000 | |
Less: Loss from House Property of Rs. 2,30,000 but restricted to Rs. 2,00,000 | -2,00,000 | 2,20,000 |
Income From Other Sources | ||
Interest Income | 85,000 | |
Less: Business loss Rs. 1,20,000 but restricted to Rs. 85,000 | -85,000 | - |
Gross Total Income | 2,20,000 |
Note:- (a) The balance loss of Rs 30,000 from house property to be carried forward to next assessment year for set-off against income from house property of that year.
(b) Remaining business loss of Rs 35,000 will be carried forward as it cannot be set off against salary income and allowed for set-off against income from house property of that year.
Computation of income under New tax regime
Particulars | Amount | Amount |
Income From Salary | 4,20,000 | |
Income From Other Sources | ||
Interest Income | 85,000 | |
Less: Business loss Rs. 1,20,000 but restricted to Rs. 85,000 | -85,000 | - |
Gross Total Income | 4,20,000 |
Note : (a) loss from house property cannot be set off against income under any other head. Therefore, the entire loss of Rs 2,30,000 from house property to be carried forward to next assessment year for set-off against income from house property of that year.
(b) Remaining business loss of Rs 35,000 will be carried forward as it cannot be set off against salary income.
Let us understand with an example-
Mr P has invested in equity shares. Below are the details related to his capital gain/loss transactions for different years.
A.Y. | STCL during the year | LTCL during the year | STCG during the year | LTCG during the year | STCG taxable | LTCG taxable | Balance STCL and LTCL to be c/f |
2020-21 | 3,000 | 1,000 | - | - | - | - | STCL- 3,000 LTCL- 1,000 |
2021-22 | - | 1,300 | 5,600 | - | 2,600 (5,600- 3,000) Set-off against LTCL | - | STCL- Nil LTCL- 2,300 |
2022-23 | 800 | - | - | 7,000 | - | 4,700 (7,000- 2,300- 800) Set-off against STCL and LTCL | STCL- Nil LTCL- Nil |
2023-24 | 1,200 | 4,000 | 3,000 | 9,000 | 3,000* | 3,800* (9,000- 4,000- 1,200) Set-off against STCL and LTCL | STCL- Nil LTCL- Nil |
* Assuming there is 15% tax on STCG and 20% tax on LTCG. The order of adjusting STCL and LTCL is not prescribed in the Act. Hence, the STCL and LTCL are first adjusted with LTCG of the year to reduce the tax liability.
Points to note:
Section | Losses to be carried forward | Can be set off against Income | Time up to which losses can be carried forward | Mandatory to file return in the year of loss before the due date? |
32(2) | Unabsorbed depreciation | Any income (other than salary) | No time limit | No |
71B | Loss from House property | Income from house property | 8 years | No |
72 | Loss from Normal business | Income from business | 8 years | Yes |
73 | Loss from speculative business | Income from speculative business | 4 years | Yes |
73A | Loss from specified business | Income from specified business | No time limit | Yes |
74 | Short term capital loss (STCL) | Short term capital gain (STCG) and long term capital gain (LTCG) | 8 years | Yes |
Long term capital loss (LTCL) | LTCG | 8 years | Yes | |
74A | Loss from owning and maintaining horse races | Income from owning and maintaining horse races | 4 years | Yes |
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