15 June 2022 17:20

Deductibility of short-term foreign capital losses in India

Are foreign capital losses tax deductible?

Contrary to popular belief, losses from the sale of personal property are not deductible and cannot offset income on your tax return.

Can I deduct short term capital losses?

Can I deduct my capital losses? Yes, but there are limits. Losses on your investments are first used to offset capital gains of the same type. So, short-term losses are first deducted against short-term gains, and long-term losses are deducted against long-term gains.

Is capital loss tax deductible in India?

If you have incurred a long term capital loss on selling shares or equity mutual fund units after 31.3. 2018 then you can set them off against any LTCG. As profits/gains on long term shares or equity funds are now taxable in excess of Rs. 1 lakh.

Can long term capital loss be set off against short term capital gain India?

2) Long-term capital loss cannot be set off against any income other than income from long-term capital gain. However, short-term capital loss can be set off against long-term or short-term capital gain.

Are foreign taxes deductible?

The IRS limits the foreign tax credit you can claim to the lesser of the amount of foreign taxes paid or the U.S. tax liability on the foreign income. For example, if you paid $350 of foreign taxes, and on that same income you would have owed $250 of U.S. taxes, your tax credit will be limited to $250.

Can I offset foreign property losses against other income?

Any losses from property abroad can be offset against other overseas properties or carried forward to future years if you make a loss overall.

Are short term capital losses deductible against ordinary income?

You can. Capital losses are deductible on your tax return, and you can use them to reduce or eliminate capital gains or to reduce ordinary income up to certain limits.

How do you offset short term capital gains?

You can offset capital gains with capital losses experienced during the tax year or by carrying it over from a previous year with a strategy known as tax loss harvesting. Using tax loss harvesting, investors can lower tax consequences by selling securities at a loss.

Can long term capital loss be set off against short term capital gain?

Any losses incurred from the sale of shares can be only set off under the head ‘income from Capital Gains. Long Term Capital Loss can be set off only against Long Term Capital Gains. Whereas Short Term Capital Losses can be set off against both Long Term capital Gains and Short Term capital Gains.

How long can short term capital losses be carried forward?

Key Takeaways



Net capital losses in excess of $3,000 can be carried forward indefinitely until the amount is exhausted. Due to the wash-sale IRS rule, investors need to be careful not to repurchase any stock sold for a loss within 30 days, or the capital loss does not qualify for the beneficial tax treatment.

Can short term losses be carried forward?

If you still have capital losses after applying them first to capital gains and then to ordinary income, you can carry them forward for use in future years.

Can Stcl be adjusted against Stcg?

Further, STCL can be set off against both short-term capital gains (STCG) and LTCG. Accordingly, you will be eligible to set off both LTCL and STCL against your LTCG. Any unadjusted loss under the head capital gains, cannot be set off against any other income in the same financial year (FY).

Can business loss be set off against Stcg 111A?

However, Section 111A is for computation of tax liability and not for set off of losses, which has to be done before computing tax liability.

How do I report short term capital loss in ITR 2?

Start New filing > Individual> Select ITR Form > ITR 2> Let’s Get Started. Tick on the reason for filing Tax. Taxable income is more than basic exemption limit. (ei) Enter the details from Demat Statement & confirm.

What is Section 111A and 112A?

Analysis of Section 111A, 112 and 112A of The Income Tax Act, 1961. In this Article we shall discuss only about Shares, Debentures, Units of MFs, Units of Business Trust only. Let us now analyse each section one by one: Section 111A (CG on transfer of Short Term Capital Assets) Applicable to: All Assesses.

Is schedule 112A mandatory?

The ITR forms contain schedule 112A to fill scrip wise details of these listed securities sold during a financial year. A taxpayer having long-term capital gains under the grandfathering provisions of section 112A should mandatorily fill the details in schedule 112A.

What is Section 112 of Income Tax Act?

Section 112 of the Income Tax Act



Under Section 112 of Income Tax Act, an assesses is required to pay a tax at the rate of 20% or 10% after and before indexation respectively on the capital gained by him on long term capital assets defined under Section 2 (29A) of the IT Act, 1961.

What is Section 112 and 112A?

Capital gains are taxed as per the tenure of holding investments. The gains on investments are broadly classified into long-term capital gains or short-term capital gains. The taxation of long-term capital gains is divided under two provisions, i.e. Section 112 and Section 112A of the Income Tax Act.

How do I claim deduction under 112A?

In order to avail of the concessional rate under section 112A, the period of holding of the assets should be greater than one year. The tax payable on the total income is 10% exceeding Rs. 1,00,000. Education cess and surcharge would be applicable on the taxable gains.

What is the difference between 112A and 115AD?

In Schedule 112A, you need to review / enter / edit details about sale of equity shares of a company, an equity-oriented fund, or a unit of a business trust on which STT is paid. Schedule 115AD (1)(iii) proviso involves entering the same details as for Schedule 112A but is applicable to non-residents.

Is 112A applicable to NRI?

Section 112A(1) provides for tax payable by an “assessee” on his total income. Hence, on a plain reading, subject to, and read with, the notes in paras 3.2 to 3.6 below, generally speaking, the New Section is applicable to all assessees, whether corporate or non-corporate and whether non-resident or resident.

Is indexation applicable on 112A?

1,00,000 shall be taxed at the rate of 10% under section 112A. An important point to be kept in mind in all the four scenarios is that the benefit of Indexation is not available for an asset which is getting taxed as per Section 112A.



Section 112A Tax on transfer of certain long term capital assets.

Particulars Amount
Less: Basic Exemption 2,50,000
Taxable Income 1,00,000

What is short term capital gain under section 111A?

Short term capital gain as under Section 111A



Gains from equity shares listed on a recognised stock exchange having a holding period of less than 12 months are considered as short term capital gains.