Carry forward losses from old regime to new regime

Tax queries 855 views 4 replies

Hi, I had been under old tax regime and have incurred losses under 2 category:

a) losses in LTCG from sale of housing properties

b) loss from housing property (from Let out property on account of Home loan) in last 3 years under old tax regime.

My questions are:

1. If I now switch to new tax regime, will those losses from “a” and “b” above incurred under old regime in the past 2 years, be carried forward?

2. If yes, can these losses “a” and “b” both be set off in future against LTCG of Mutual funds?

Best Regards,

Replies (4)

Carry Forward and Set Off of Losses When switching from the old tax regime to the new tax regime, understanding how losses are carried forward and set off is crucial. Losses Incurred Under Old Regime - *Losses in LTCG from Sale of Housing Properties*: These losses can be carried forward for up to 8 years and set off against future long-term capital gains, including those from mutual funds. - *Loss from Housing Property*: Losses from let-out properties due to home loans can be carried forward for up to 8 years. However, under the new tax regime, these losses can only be set off against income from house property, not against other heads of income.¹ ² Switching to New Tax Regime - *Carry Forward of Losses*: There are no restrictions on carrying forward losses from the old regime to the new regime for capital losses. However, for house property losses, while they can be carried forward, their set-off is restricted to income from house property under the new tax regime. - *Set Off Against LTCG of Mutual Funds*: Long-term capital losses from the sale of housing properties can be set off against LTCG from mutual funds. However, losses from house property cannot be set off against LTCG from mutual funds under the new tax regime.³ Key Considerations - Ensure timely filing of income tax returns to carry forward losses. - Understand the distinction between capital losses and house property losses when setting off against different types of income. - Consult a tax professional for personalized advice on managing losses under both tax regimes.

inter-head adjustment of brought forward losses is anyway not allowed - irrespective of old or new scheme. So your brought forward house property losses are anyway not available for set off against capital gains.

How about Business Loss (in following scenarios) , can it be brought forward on switching from Old to New Regime?

  • Business Loss (Non Speculative) from F&O
  • Business Loss (Non Speculative) other than F&O
  • Unabsorbed Depreciation

A. Only long-term capital loss can be carried forward. Loss under house property can be set off in the current year only. Remaining loss under house property will not be carried forward.

B. Only long-term capital loss can be set off from LTCG in mutual funds.


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