Bankrupt company ncd invested

i hd invested in an unsecured ncd bond . company named srei .. the same company went bankrupt. my invested amount in ncd become zero can I offset this loss in any section in itr
Replies (1)

Hey! Sorry to hear about your NCD investment loss with SREI.

Here’s what you can do on tax front:

Treatment of loss on unsecured NCDs of bankrupt company:

  1. Capital Loss:
    The loss on NCD (Non-Convertible Debenture) investment is treated as a capital loss since NCDs are capital assets.

  2. Type of Capital Loss:

    • Since NCDs have a maturity date and are not traded frequently like shares, they are considered long-term capital assets if held for more than 36 months, else short-term.

    • If held for more than 36 months, loss is a long-term capital loss (LTCL).

    • Otherwise, it is a short-term capital loss (STCL).

  3. Set-off and Carry Forward:

    • STCL can be set off against any capital gains (short-term or long-term) in the same financial year.

    • LTCL can only be set off against long-term capital gains.

    • If you cannot fully set off the loss in the current year, you can carry forward the capital loss for 8 subsequent years and set off against eligible capital gains.

  4. Claiming the Loss in ITR:

    • Report the loss under Capital Gains schedule in ITR (ITR-2 or ITR-3 depending on your case).

    • Keep supporting documents like proof of investment, bankruptcy declaration, and proof of loss.

  5. Note on Bad Debt:

    • Since NCDs are investments, loss is capital loss, not business loss or bad debt.

    • If you had advanced money as a loan (and not investment), it might be treated differently as bad debt, but not in this case.


Summary:

You can claim the loss on your SREI NCD investment as a capital loss in your income tax return and set off or carry forward as per capital gains rules.

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