If you trade in Futures and Options you need to file tax for income/loss from these trades. F&O Trading means buying and selling of Futures & Options. They are classified as Derivatives. Derivatives are securities, the value of which is derived from the price of the underlying asset. F&O Trading includes futures trading and options trading of Equity, Commodity, and Currency (Forex).
Example: If an investor wants to invest in silver, he can either buy physical silver or buy a futures contract for trading silver at a predetermined future rate. Thus, a Futures contract is a Derivative whose value depends on the price of the underlying asset i.e. silver.
Trading in derivative instruments i.e. Futures & Options of an underlying asset at a pre-determined price is known as F&O Trading. The underlying asset could be an equity share, commodity or a currency. Thus, F&O Trading can be Equity F&O Trading, Commodity F&O Trading or Currency F&O Trading i.e. Forex Trading.
Under Futures Trading, the trader buys or sells a contract on a predetermined date in the future, at a predetermined time in the future, and at a predetermined price. Under Options Trading, there is a contract between a seller and buyer to trade a security at a predetermined price on a predetermined date in the future. Further, in Options Trading, the buyer has the right to cancel the contract if he is incurring losses. Since the buyer has the advantage of exercising his right, he must pay a premium amount. Both futures trader and options trader must report their income from trading in the Income Tax Return.
To determine whether the Tax Audit is applicable or not, we must calculate Trading Turnover. It is important to note that tax liability does not depend on Turnover.
Absolute Turnover means the sum of positive and negative differences. Trading Turnover Calculation can be either through scrip wise method or trade wise method.
Example: Rahul buys 200 contracts of Heremotoco Futures at Rs.100 on 05/05/2021. He sells these contracts at Rs.90 on 08/05/2021. Rahul buys 150 contracts of Nifty Futures at Rs.45 on 07/09/2021. He sells these contracts at Rs.50 on 12/09/2021.
Note: In the case of F&O Traders, since all these trading transactions are digital, the prescribed rate under Sec 44AD would be 6% instead of 8% in normal cases.
Income Tax on trading income is calculated at prescribed slab rates as per the Income Tax Act as per the table below.
|Taxable Income (INR||Slab Rate|
|Up to 2,50,000||NIL|
|2,50,001 to 5,00,000||5%|
|5,00,001 to 10,00,000||20%|
|More than 10,00,000||30%|
Note: Surcharge is liable for the total income as per the prescribed surcharge slab rates. Cess is liable at 4% on (basic tax + surcharge).
|Taxable Income (INR)||Slab Rate|
|Up to 2,50,000||NIL|
|2,50,001 to 5,00,000||5%|
|5,00,001 to 7,50,000||10%|
|7,50,001 to 10,00,000||15%|
|10,00,001 to 12,50,000||20%|
|12,50,001 to 15,00,000||25%|
|More than 15,00,000||30%|
A taxpayer whose tax liability on the total taxable income from all the sources during the financial year exceeds INR 10,000 is liable to pay Advance Tax. Income for F&O Trading is a non-speculative business income taxable at slab rates. Thus, Futures Trader and Options Trader are liable to pay Advance Tax as follows:
If F&O Traders do not opt for presumptive taxation under Section 44AD and have F&O profits, then they must pay Advance Tax in four installments as per the table below.
|Advance Tax Liability||Due Date|
|15% of Tax Liability||On or before 15th June|
|45% of Tax Liability||On or before 15th September|
|75% of Tax Liability||On or before 15th December|
|100% of Tax Liability||On or before 15th March|
If F&O Traders opt for presumptive taxation under Section 44AD and have F&O profits, he/she must pay the entire amount of Advance Tax in a single installment on or before 15th March.
Futures Trader and Options Trader having income from F&O trading can opt for the new tax regime under Section 115BAC of the Income Tax Act. If the F&O trader opts for the new tax regime, here are the important points to note:
Under F&O Trading, the trader can claim and set off and carry forward the losses if a tax audit has been conducted by a professional chartered accountant in practice. This loss can be carried forward to future years and set off against future profits to reduce the income tax liability.
Loss from F&O Trading is a Non-Speculative Business loss. In the current year, it can be set off against any income except salary income. In future years, it can be set off against business income (both speculative and non-speculative). The trader can carry forward the loss for 8 years.
If F&O Traders have opted for the new tax regime, they cannot set off the brought forward business loss against business incomes. Further, they cannot carry forward the business loss to future years.
Commodity Trading means trading in commodity and F&O i.e. futures and options of commodity. Commodity Trading is a Non-Speculative Business Income as per the Income Tax Act. The trader should file ITR-3 and also check the applicability of the tax audit. The profits are taxed at slab rates. The trader can set off the loss against any income except salary in the current year. Further, the trader can carry forward the remaining loss for 8 years and set off against future business profits.
Forex Trading means trading in currency and F&O i.e. futures and options of currency. Currency Trading is a Non-Speculative Business Income as per the Income Tax Act. The trader should file ITR-3 and check the applicability of the tax audit. The profits are taxed at slab rates. The trader can set off the loss against any income except salary in the current year. Further, the trader can carry forward the remaining loss for 8 years and set off against future business profits.
– Tax audit is not mandatory if the turnover from F&O trading does not exceed Rs. 1 cr.
– Tax audit u/s 44AB will be applicable if the turnover exceeds Rs. 1 cr and the net profit from such transactions is less than 6% of the turnover.
– Tax Audit u/s 44AB is mandatory if turnover exceeds Rs. 2cr irrespective of profit or loss declared.
Income from F&O Trading is a non-speculative business income taxable at slab rates. If the tax liability of the F&O trader from all sources of income during the financial year exceeds INR 10,000, he/she is liable to pay Advance Tax in four quarterly installments as per the applicable due date.