At the time of sale of any Asset, if a Short Term/ Long Term Capital Loss arises to a taxpayer; this loss is allowed to be set-off in the same year against other incomes. However, if this loss is not set-off in the same year, it is allowed to be carried forward to the next year. This article focusses on the provisions related to Carry Forward and Set-off of Capital Loss.
The treatment of Capital Loss would be the same in all the cases irrespective of whether the Loss on sale of asset has been incurred by NRI or by a Resident Indian.
Set-off of Capital Loss
Capital Loss arising to a taxpayer can only be set off against incomes from the same head i.e. it can only be set off against incomes arising under the head “Capital Gains” and cannot be set off against incomes arising under the following heads, namely
Moreover, Capital Loss cannot be set off against all Capital Gains and there are several rules for set-off of such loss which are mentioned below.
Long Term Capital Loss
If any Long Term Capital Loss arises on the sale of any asset, it is allowed to be set-off against long term capital gains arising from the sale of any asset. In other words, long term capital loss cannot be set-off with short term capital gain.
Short Term Capital Loss
Short term capital loss arising from the sale of any asset (incl. Shares & Mutual Funds) is allowed to be set-off against any income whether Short Term or Long Term.
The above conditions have been summarised in the following table
|Particulars||Set-off of Loss|
|Inter head||Same head|
|Short Term Loss|
|Shares, Mutual Funds etc||x||LTCG/STCG|
|Long Term Loss|
|Shares, Mutual Funds etc||x||x|
‘x’ indicates that set-off is not allowed
Carry Forward of Capital Loss
If a capital loss cannot be set off from the same head during the same year, it shall be carried forward to the next year and allowed to be set off against Capital Gains arising in the next year. After carrying forward the losses to the next year, set-off would be done in the same manner as mentioned above.
A Capital Loss is allowed to be carried forward for 8 years from the end of the year in which the loss was incurred.
Compulsory filing of Return of Loss before the due date
Loss can be carried forward to the next year only when the loss is properly disclosed in the Income Tax Return and the income tax return is filed before the due date of filing of return.
If the income tax return is not filed before the due date and a belated return is filed after the due date, capital loss would not be allowed to be carried forward to the next year.
However, if the income tax return was filed before the due date and later a revised return is filed, the loss as disclosed in the return would be allowed to be carried forward. [CIT v Periyar District Co-Operative Milk Producers Union Ltd.]