Income Tax Return Filing For Futures And Options

Understanding Taxation of F&O Trading in India

According to Section 43(5) of the Income Tax Act, 1961, transactions in F&O trading are categorised as non-speculative business income. This means that profits and losses from F&O trading are treated as business income rather than capital gains. Consequently, F&O traders are required to report their income under the "Profits and Gains from Business and Profession" (PGBP) category while filing their income tax returns.
 

Types of Income in F&O Trading

Income from F&O trading can be classified into two main categories:

• Profits from F&O Trading – Gains from trading futures and options contracts.
• Losses from F&O Trading – Losses incurred while trading in F&O, which can be set off against other incomes except salary.

This classification significantly impacts how traders are taxed, the deductions they can claim, and the applicable compliance requirements.
 

How to Calculate Turnover in F&O Trading?

Turnover calculation for F&O trading is different from regular stock market investments. The turnover in F&O trading is not based on the total contract value but on the absolute profit and loss value.

Turnover Calculation Formula:

For Futures Contracts

Turnover is the sum of absolute profits and losses from all futures trades.

Example:

• Buy Nifty Futures at ₹17,500, Sell at ₹17,700 → Profit: ₹200
• Buy Bank Nifty Futures at ₹41,000, Sell at ₹40,800 → Loss: ₹200
• Total turnover = |₹200| + |₹200| = ₹400

For Options Contracts

Turnover includes the absolute profits/losses plus the premiums received on selling options.

Example:

• Buy Nifty Call at ₹100, Sell at ₹120 → Profit: ₹20
• Sell Nifty Put at ₹80, Buy back at ₹70 → Profit: ₹10
• Premium received on selling = ₹80
• Total turnover = |₹20| + |₹10| + |₹80| = ₹110

Understanding turnover calculation is crucial, as it determines whether an audit is required.

ITR Forms for F&O Traders

Since F&O trading is treated as business income, traders cannot file returns using ITR-1 or ITR-2. The appropriate forms are:

ITR-3: Applicable to individuals and Hindu Undivided Families (HUFs) with income from business or profession.

ITR-4: Applicable for individuals opting for the presumptive taxation scheme under Section 44AD, provided turnover is below ₹2 crore.

Most traders with a turnover exceeding ₹2 crore must use ITR-3 and maintain proper books of accounts.
 

Tax Audit Requirements for F&O Trading

A tax audit is required under Section 44AB of the Income Tax Act if certain turnover conditions are met. The applicability of a tax audit depends on:

Turnover below ₹2 crore:

• If profits are less than 6% of turnover and total taxable income exceeds the basic exemption limit (₹2.5 lakh), a tax audit is mandatory.
• If profits are 6% or more of turnover, a tax audit is not required.

Turnover between ₹2 crore - ₹10 crore:

• If 95% of transactions are done via digital modes, a tax audit is not required.
• If transactions are not entirely digital, an audit is mandatory.

Turnover above ₹10 crore:

• A tax audit is mandatory regardless of profit or loss.

If an audit is required, traders must appoint a Chartered Accountant (CA) to verify their accounts and file Form 3CD along with their ITR.

Setting Off and Carrying Forward F&O Trading Losses

One of the significant advantages of reporting F&O trading losses is the ability to set off and carry forward losses to reduce tax liabilities.

Set-Off Rules

Losses from F&O trading (non-speculative business loss) can be set off against:

• Business income
• Rental income
• Interest income
• Capital gains

Cannot be set off against salary income.

Carry Forward Rules

• If losses cannot be adjusted in the current year, they can be carried forward for up to 8 years.
• Losses can be adjusted against only non-speculative business income in subsequent years.

Example:

• Mr. A incurs an F&O loss of ₹3 lakh in FY 2024-25.
• He has interest income of ₹1 lakh and rental income of ₹1.5 lakh.
• He can set off ₹2.5 lakh in the current year and carry forward ₹50,000 to the next year.
   

Deductions and Expenses Allowed for F&O Traders

Since F&O trading is treated as a business, traders can claim various expenses incurred for trading activities. These include:

• Brokerage and transaction fees
• Consultancy fees paid to financial advisors
• Internet and telephone charges
• Software and trading tools
• Office rent (if applicable)
• Depreciation on computers used for trading

Proper documentation is crucial to claim deductions and avoid scrutiny from tax authorities.

Advance Tax and F&O Trading

If total tax liability exceeds ₹10,000, traders must pay advance tax in four instalments:

• 15% by 15th June
• 45% by 15th September
• 75% by 15th December
• 100% by 15th March

Failure to pay advance tax results in interest penalties under Sections 234B and 234C.
 

Choosing Between the Old and New Tax Regime

F&O traders can opt for either the old tax regime or the new tax regime under Section 115 BAC.

Old Tax Regime:

• Allows deductions and exemptions (e.g., Section 80C, 80D).
• Suitable for traders with high deductions.

New Tax Regime:

• Lower tax rates but no deductions/exemptions.
• Suitable for traders with minimal business expenses.

Switching from the new regime to the old regime is allowed only once in a lifetime for business income.
 

Conclusion

Filing income tax returns for Futures and Options (F&O) trading is essential for traders to ensure compliance with Indian tax laws while optimising their tax liabilities. As F&O trading is treated as non-speculative business income, traders must use ITR-3 or ITR-4, maintain proper books of accounts, and assess turnover for tax audit applicability. 

Reporting losses allows for set-off against other income and carry forward for up to 8 years, reducing future tax burdens. Additionally, traders can claim deductions on trading expenses and must pay advance tax if liability exceeds ₹10,000. Proper tax planning and compliance prevent penalties and ensure smooth financial management.