Any
profits or losses from day trading are called Speculative; either
Speculative Profits or Speculative Losses. A person doing intraday
trading is automatically considered as someone who is either an active
trader or trading as a business. There is no special tax rate for
speculative profits, it is considered as a business income and taxed as
per any other business activity.
In case of
speculative losses, you can carry these forward for the next 4 years
provided you have declared the same while filing your returns and net
off only against any speculative profits over the next 4 years. So here
is the tricky bit [Section 73(1) of the Income Tax Act, 1961],
Speculative losses (day trading losses) can be netted off against only
speculative profits (day trading profits) and nothing else. What this
means is that if in a particular year, you have made a profit of Rs
2,00,000 from short term trading of stocks (delivery based trading) and a
Rs 3,00,000 loss (from intraday trading), you cannot net it off and say
I made a Rs. 2,00,000 loss and hence no profit. In this example, you
can carry forward your speculative loss for 4 years (Rs 3,00,000) and
pay taxes on the Rs 100,000 profit that you made.
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