9.5 Setting Off Capital Gains and Losses under the Income Tax Act
Key Takeaways
Short-term capital loss may be set off against both short-term and long-term capital gains.
Long-term capital loss may be set off only against long-term capital gains.
Capital losses cannot be set off against salary, business or other heads of income.
Unabsorbed capital losses may be carried forward for eight assessment years.
Carry-forward requires filing the income tax return within the due date.
The Asymmetry That Drives Every Question
The set-off rules are not symmetrical, and the asymmetry is the whole content of the sub-topic.
| Loss type | Can be set off against |
|---|---|
| Short-term capital loss (STCL) | Short-term capital gains AND long-term capital gains |
| Long-term capital loss (LTCL) | Long-term capital gains only |
A short-term loss is the more flexible instrument. A long-term loss is confined.
The policy logic is that long-term gains are taxed at concessional rates, so allowing a long-term loss to shelter short-term gains taxed at higher rates would give the loss more value than the corresponding gain ever carried.
Capital Losses Stay Within the Capital Gains Head
A capital loss can be set off only against capital gains. It cannot be set off against:
- Salary income
- Income from house property
- Business or professional income
- Income from other sources, including interest and IDCW
An investor with a INR 5 lakh capital loss and INR 30 lakh of salary income cannot reduce the salary tax by a rupee. This is the most common misconception a distributor encounters.
Carry Forward
Where a loss cannot be absorbed in the year it arises:
- It may be carried forward for eight assessment years immediately following the year of loss
- It retains its character: a carried-forward long-term loss can still be set off only against long-term gains
- The income tax return must be filed within the due date for the loss to be carried forward at all
That last condition is absolute and is a favourite examination point. An investor who realised a substantial loss but filed a belated return forfeits the carry-forward entirely. There is no relief for the omission.
Worked Examples
Example 1 — short-term loss against long-term gain. In one financial year an investor has:
Short-term capital loss on an equity fund = INR 1,80,000
Long-term capital gain on an equity fund = INR 4,00,000
The short-term loss may be set off against the long-term gain:
Net long-term gain = 4,00,000 - 1,80,000 = INR 2,20,000
Less annual exemption = INR 1,25,000
Taxable = INR 95,000
Tax at 12.5% = INR 11,875 (plus cess)
Example 2 — long-term loss cannot reach a short-term gain.
Long-term capital loss = INR 2,50,000
Short-term capital gain = INR 3,00,000
The long-term loss cannot be set off against the short-term gain. The short-term gain of INR 3,00,000 is taxed in full at 20% for equity-oriented units, and the long-term loss of INR 2,50,000 is carried forward for up to eight assessment years to be set against future long-term gains.
Example 3 — order and carry forward.
STCL = INR 6,00,000
STCG = INR 2,00,000
LTCG = INR 1,50,000
Set off STCL against STCG = 2,00,000 absorbed
Set off STCL against LTCG = 1,50,000 absorbed
Absorbed in total = INR 3,50,000
Carried forward = INR 2,50,000 as short-term loss
The carried-forward amount retains its short-term character, so in future years it remains available against both types of gain — which is why realising short-term losses is more useful than realising long-term ones.
Tax-Loss Harvesting
The rules give rise to a legitimate planning technique. An investor holding a scheme at a loss may redeem to realise it, set the loss against gains realised elsewhere in the same year, and reinvest.
Points a distributor should raise before recommending it:
- The exit load may apply, which can exceed the tax saved on a small position
- The reinvestment starts a fresh holding period, which matters for future long-term treatment
- The investor is out of the market briefly between redemption and reallotment
- It is only worthwhile where there are gains to set off in the same year or a realistic expectation of them within the carry-forward window
- The investor should confirm the position with their tax adviser; a distributor should not compute the liability
Harvesting is a genuine technique, not a trick, but it is frequently recommended where the arithmetic does not support it.
Summary
| Question | Answer |
|---|---|
| STCL against STCG? | Yes |
| STCL against LTCG? | Yes |
| LTCL against STCG? | No |
| LTCL against LTCG? | Yes |
| Capital loss against salary or interest income? | No |
| Carry-forward period | 8 assessment years |
| Condition for carry-forward | Return filed within the due date |
An investor has a long-term capital loss of INR 3,00,000 and a short-term capital gain of INR 3,50,000 in the same financial year. What is the position?
The loss may be set off against the investor's salary income instead
The loss is set off in full, leaving a taxable gain of INR 50,000
The loss cannot be set off against the short-term gain; the full short-term gain is taxed and the loss is carried forward
Half the loss may be set off, leaving INR 2,00,000 taxable
An investor realises a substantial capital loss but files her income tax return after the due date. What is the consequence for that loss?
The loss may still be carried forward, since the return was eventually filed
The carry-forward is forfeited, because filing within the due date is a condition for carrying losses forward
The loss may be carried forward for four years instead of eight
The loss may be set off only against income from other sources
In a year an investor has a short-term capital loss of INR 5,00,000, a short-term capital gain of INR 1,50,000 and a long-term capital gain of INR 2,00,000. What is carried forward?
INR 3,50,000 as a short-term loss
Nothing, because the loss must be fully absorbed in the year it arises
INR 5,00,000 as a short-term loss, since set-off is optional
INR 1,50,000 as a short-term loss
Sections you finish are checked off in the contents.