Computation of Turnover and applicability of Tax audit for F&O Transactions
Ideally when you deal in Futures and Options, the transaction size is big but profits are too small. Therefore confusion prevails that whether these transactions can be termed speculative transaction or they are business losses or profits.
Further computation in case of business losses, Tax audit limit will apply on transaction value or it applies on margin earned or lost in F&O.
For answering these questions we need to analyze each provision and need to resolve query one by one.
Ans: Section 43 subsection 5 has excluded transaction of future and options as speculative transaction. However exemption is available only for equity. Thus if F&O for commodities are done the same will be termed as Speculative in Nature. Other then commodity trading profit or loss arising out of transaction is treated as Business Loss or profit in nature.
Any expense done in connection to this business will be allowed as expense and can be claimed while preparing Tax computation.
Ans: In normal business turnover is based on sales and thus reaching the limit takes time. But in F&O it reached easily as each lot is valued high, Limit is reached easily. Therefore computation method need be different. Thus for computing turnover limit Following things should be added:
a. Profits from the trade
b. Loss from the trade
c. Premium received from sale of Options
d. In case of Reverse Trade, difference should also be added
This can be explained by way of illustration. Below are four Components:
a. Profits from the trade – INR 100000
b. Loss from the trade – INR 150000
c. Premium received from sale of Options – INR 50000
d. In case of Reverse Trade, difference – INR 75000
Thus the for the purpose of 44AB, turnover will be 100000+150000+50000+75000 = Rs.375000/-
Ans: if the transaction is based on delivery the same will be treated as Capital Gains and provisions of Capital Gains would apply.
Ans: Yes Losses can be carried forward subject to following conditions:
i. Return should be filed on or before due date:
ii. Loss should be disclosed in the return
iii. Set off is not allowed against Salary Income
iv. Loss should not be of Commodity trading.
Conclusion: Based on the above discussion it can be said that F&O from equity cant be termed as speculative loss and provisions related to profit and gains apply. However computation needs to be done carefully in order to avoid the litigation. Further profit margin also need to be identified as if its below 8% (6%, if all trades are digital) same would be liable to tax Audit under section 44AB.
About the Author: The Views Expressed in the article is personal opinion of author. The author is CA and CS by profession and one can reach him on @hemanshow79 on twitter or mail queries on email@example.com. The article can be said as reference material. However courts can take different opinion based on nature and circumstances of each case.
Republished with Amendments