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Income Tax··10 min read

Income Tax on F&O Trading: ITR-3 Filing, Turnover, Tax Audit Limit and Loss Set Off

Income and loss from futures and options are business income, taxed at your slab rate and reported in ITR-3. It is non-speculative business, so a loss can be set off and carried forward for 8 years.

Below: how the income is classified, how to work out turnover, when a tax audit applies, how a loss works and a filing example.

How F&O Income Is Taxed in India

F&O income is non-speculative business income, taxed at your normal slab rate under the head profits and gains of business or profession.

Section 43(5) of the Income-tax Act treats derivative trades on a recognised exchange as non-speculative. They are not capital gains, so the lower capital gains rates do not apply.

The Income-tax Act, 2025 replaces the 1961 Act for tax years starting 1 April 2026. Returns for FY 2025-26 still follow the 1961 Act, so the old section numbers apply.

The Income Tax Department site carries both Acts.

Which ITR Form to File for F&O Income

File ITR-3, the form for individuals and HUFs with business or professional income.

ITR forms and F&O income
SituationForm
F&O profit or loss with booksITR-3
F&O under presumptive Section 44ADITR-4
F&O income in ITR-1 or ITR-2Not allowed

ITR-4 works only through the presumptive scheme in Section 44AD, and tax professionals differ on whether F&O fits it.

A presumptive return cannot show a loss, so most traders file ITR-3 and keep books.

The usual due dates are 31 July without an audit and 31 October with one, unless extended. The ITR filing last date guide tracks them.

How to Calculate F&O Turnover

F&O turnover is the total of the absolute profit or loss on every settled trade, not the net result.

Turnover = |result of trade 1| + |result of trade 2| + ... for every settled trade

The ICAI Guidance Note on Tax Audit, 8th edition, no longer adds the premium on options sold to turnover.

Futures: 100 units bought at Rs 200 and sold at Rs 210. Options: 200 units bought at Rs 300 and sold at Rs 290.
TradeWorkingTurnover
Futures(210 - 200) x 100Rs 1,000
Options(300 - 290) x 200Rs 2,000
Total turnoverRs 1,000 + Rs 2,000Rs 3,000

The net result is a profit of Rs 1,000 and a loss of Rs 2,000, which is a loss of Rs 1,000. The turnover is still Rs 3,000.

Turnover decides the audit limit, so count every squared-off trade, including reversing trades in the same contract.

Books of Accounts and Tax Audit for F&O Traders

Keep books if your business income is above Rs 2.5 lakh or your turnover is above Rs 25 lakh in any of the 3 preceding years.

A tax audit under Section 44AB applies above Rs 1 crore of turnover, or Rs 10 crore if cash stays within 5%.

Tax audit limits for F&O traders under Section 44AB
F&O turnoverCash receipts and paymentsTax audit
Up to Rs 1 croreAnyNot needed
Rs 1 crore to Rs 10 croreUp to 5%Not needed
Rs 1 crore to Rs 10 croreAbove 5%Needed
Above Rs 10 croreAnyNeeded

F&O trades settle through the exchange and your bank, so most traders count as digital and use the Rs 10 crore limit.

An audit can apply below these limits if you took the presumptive scheme before. Declaring less than the presumptive profit later, with income above the basic exemption, triggers Section 44AB(e) for 5 years.

The audit report is normally due by 30 September, a month before the 31 October return date.

F&O Loss Set Off and Carry Forward

An F&O loss can be set off against any other income except salary, and the unused part carries forward for 8 assessment years.

Same year: set it off against house property, capital gains and other sources, but never salary.
Later years: carry the rest forward against business income only, for up to 8 years.
Due date: a return filed late loses the right to carry the loss forward.
Schedules: ITR-3 shows the set off in Schedule BFLA and the carry forward in Schedule CFL.

Speculative business is different. An intraday equity loss sets off only against speculative income and carries forward for 4 years.

Expenses an F&O Trader Can Claim

You can claim expenses that are wholly for the trading business, and they reduce the profit or add to the loss.

Common F&O expenses and the condition for each
ExpenseCondition
Brokerage and exchange chargesFully allowed
STTAllowed as a business expense
Internet, phone and electricityBusiness share only
Laptop and computerDepreciation, not full cost
Research and advisory feesFully allowed
Interest on a trading loanAllowed if used for trading
Office rent and staff salaryAllowed with proof

A cash payment above Rs 10,000 in a day to one person is disallowed under Section 40A(3), so pay by bank.

Depreciation on a computer is 40% on the written-down value. Keep every bill for the year.

Worked Example: F&O Loss Against Other Income

Take a salaried trader with Rs 15,00,000 of salary, Rs 80,000 of interest and an F&O loss of Rs 3,00,000 on Rs 30,00,000 of turnover.

Expenses of the F&O business
ItemAmount
Account enrolment chargesRs 5,000
BrokerageRs 98,000
Phone bill, 50% business useRs 18,000
InternetRs 14,400
Total expensesRs 1,35,400

The loss for the year is Rs 3,00,000 plus Rs 1,35,400, which is Rs 4,35,400.

Tax with and without the loss set off, new regime, FY 2025-26
StepWithout set offWith set off
Salary after Rs 75,000 deductionRs 14,25,000Rs 14,25,000
Interest incomeRs 80,000Rs 80,000
F&O loss set offNilRs (80,000)
Taxable incomeRs 15,05,000Rs 14,25,000
Tax with 4% cessRs 1,09,980Rs 97,500

The loss cannot touch salary, so only the Rs 80,000 of interest is set off. The tax falls by Rs 12,480.

The remaining Rs 3,55,400 carries forward for 8 years against business income.

Work out your tax

Enter your salary and other income to see the tax under both regimes.

Open calculator

How to File an F&O Return Step by Step

Filing takes 5 steps once your broker statements are ready.

1

Download the profit and loss statement

Get the profit and loss and tax statement for the financial year from your broker.

2

Work out turnover

Add the absolute result of every settled trade, as the formula above shows.

3

Deduct the expenses

Subtract brokerage, charges and other business costs from the trading result.

4

Fill ITR-3

Enter turnover and the profit or loss in the business schedule, and fill Schedule CFL if you carry a loss forward.

5

File on time and e-verify

File by the due date and e-verify the return, so that the loss can be carried forward.

New Tax Regime or Old Regime for F&O Traders

The new regime is the default, and you can use it with F&O income, but it removes most Chapter VI-A deductions such as 80C and 80D.

A taxpayer with business income who opts out to the old regime can return to the new regime only once. Opting out needs Form 10-IEA by the return due date.

The Old vs New Tax Regime Calculator compares both on your numbers, and the regime guide explains the trade-off.

F&O, Intraday and Delivery Trades Compared

F&O and intraday equity are business income at slab rates, while delivery trades are capital gains.

How each type of trade is taxed
TypeHead of incomeTax rate
F&O tradesBusiness income, non-speculativeSlab rate
Intraday equityBusiness income, speculativeSlab rate
Delivery under 12 monthsShort term capital gains20%
Delivery over 12 monthsLong term capital gains12.5% above Rs 1.25 lakh

Intraday equity is a separate speculative business, so its income and loss are worked out apart from F&O.

The STCG Calculator works out the tax on delivery trades held under 12 months, and the Advance Tax Calculator splits the year's tax into instalments.

Frequently Asked Questions: F&O Taxation

How is F&O income taxed in India?

F&O income is non-speculative business income, taxed at your normal slab rate under the head profits and gains of business or profession. The lower capital gains rates do not apply to it.

Which ITR form is used for F&O trading?

ITR-3 is the usual form, because F&O income is business income and you keep books. ITR-4 is possible only if you opt for the presumptive scheme in Section 44AD, which tax professionals do not agree fits F&O.

How do I calculate F&O turnover for ITR?

Add the absolute profit or loss on every settled trade, treating each result as positive. A trade that gains Rs 1,000 and one that loses Rs 2,000 give a turnover of Rs 3,000, not a net loss of Rs 1,000.

When is a tax audit mandatory for F&O traders?

A tax audit under Section 44AB applies above Rs 1 crore of turnover, or Rs 10 crore if cash stays within 5%. Earlier use of the presumptive scheme can trigger one at lower turnover.

Do I have to file a return if I made an F&O loss?

Yes. A return filed on time is the only way to carry the loss forward, and F&O income or loss is reported in ITR-3 whether or not you made a profit.

Can an F&O loss be set off against salary?

No. A non-speculative business loss can be set off against other heads such as house property, capital gains and other sources, but never against salary income.

For how many years can an F&O loss be carried forward?

An F&O loss can be carried forward for 8 assessment years, and set off against business income only. The return for the loss year must be filed by the due date.

Is advance tax payable on F&O profits?

Yes, if your tax for the year is Rs 10,000 or more, you pay advance tax in instalments on 15 June, 15 September, 15 December and 15 March. The Advance Tax Calculator works out each instalment.

What expenses can an F&O trader claim?

Brokerage, exchange charges, STT, internet and phone for the business share, research fees, interest on a trading loan and depreciation on a computer. Keep bills, and pay by bank, since cash above Rs 10,000 a day to one person is disallowed.

Is F&O speculative or non-speculative income?

Non-speculative. Section 43(5) excludes derivative trades on a recognised stock exchange from speculative business, so an F&O loss can be set off and carried forward for 8 years.

Can I use ITR-4 for F&O trading?

Only through the presumptive scheme in Section 44AD, which fixes profit at 6% or 8% of turnover and cannot show a loss. Many traders prefer ITR-3 and keep books, because a loss is useful to carry forward.

Are F&O losses allowed in the new tax regime?

Yes. A business loss from F&O can be set off and carried forward under the new regime. What the new regime removes is most Chapter VI-A deductions such as 80C and 80D.

Do I get the reduced capital gains tax rate on F&O?

No. F&O is business income, so it is taxed at slab rates and not at the 20% or 12.5% capital gains rates that apply to delivery equity.

How are intraday equity trades taxed compared with F&O?

Intraday equity is speculative business income, taxed at slab rates and worked out separately from F&O. A speculative loss sets off only against speculative income and carries forward for 4 years.

Do I need to maintain books of accounts as an F&O trader?

Yes, when your business income is above Rs 2.5 lakh or your turnover is above Rs 25 lakh in any of the 3 preceding years. Broker statements, expense bills and bank statements are the core records.

What business code should I select for F&O in ITR-3?

There is no code only for F&O. Many filing guides use 09028, retail sale of other products, but pick the code that fits your trading activity or ask your Chartered Accountant.

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Disclaimer: F&O rules here follow the Income-tax Act, 1961 for FY 2025-26, and some points rest on ICAI guidance. Confirm on incometaxindia.gov.in or with a Chartered Accountant before you file. This page is general information, not tax advice.