Capital Loss on Loaned Amount

Tax queries 619 views 4 replies

Hi there,

This is tax query i am havings and looks to me very complicated.

I was employed till June 2008 and later moved to overseas with my husband for rest of FY 2008-2009.

I have taken my husband money on periodic basis (around 6 lac rs) and invested in share trading during FY 2008-2009. during the period, i incurred net capital loss of 114000 rs.

My few queries are:--

1. will i be considered as resident for tax purpose? (my understanding is since i was in india for 90 days during fy2008-2009 and have been in india before all time, i should be termed as resident?

2. Will i be considered as salaried employee for FY2008-2009 or self employed?

3. Can my short term capital gain be offset againt short term capital gain for next 8 years?

4. My earnings was only 30K and have capital loss of 1.14lac, how do i show that i utilised my husband's money for investing.

and last question

5. My total transaction done was ~150 during whole yearand volume was 13lac, will i be considered as investor or trading

Please provide useful advise as i am submitting my IT return for first time.

Regards

Kevana

 

Replies (4)

just to clarify for point 3 that earning was due to salaried income.

1. will i be considered as resident for tax purpose? (my understanding is since i was in india for 90 days during fy2008-2009 and have been in india before all time, i should be termed as resident?

Ans: Yes. U r Resident

2. Will i be considered as salaried employee for FY2008-2009 or self employed?

Ans: Salaried employee

3. Can my short term capital gain be offset againt short term capital gain for next 8 years?

Ans: Not applicable because the profit(loss) wil be clubbed under ur husband's income as the income(loss) as per clubbing provisions

4. My earnings was only 30K and have capital loss of 1.14lac, how do i show that i utilised my husband's money for investing.

Ans: Since ur earnings is only Rs 30K, no need to file return

and last question

5. My total transaction done was ~150 during whole yearand volume was 13lac, will i be considered as investor or trading

Ans: Not applicable

Thanks Sailesh,

regarding point 3, around ~3 L transfer was done before our marriage during Fy 2007-2008 where i earned capital gain of around 20K and had invested my earned income of around 50K. Also, i earned capital gain of ~20K during Fy 2007-2008.

So the net transfer of my husband money during FY2008-2009 (after our marriage) was around ~2.3 L.

will capital loss be shared in this case for my husband as well as in my return.

Please throw some more light on this.

regards

kevana

adding to it, my husband was not in india for FY2008-2009 (non resident) when he transferred money to my account.

Will it be still considered as clubbing.

please advise.

 


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