Carry Forward losses from Previous years

Tax queries 357 views 10 replies

Hello to our Tax Gurus.

I have a situation where an Assessee has carried forward capital losses from sale of Gold ETFs from FY 2016-17. In FY 2019-20 there is a capital gain from the sale of Equity shares. However the capital gain in FY 2019-20 is lower than the lowest tax slab for the Assessee and hence there is no tax applicable or payable. Hence setting off of the capital loss from FY 2016-17 against the capital gain of FY 2019-20 will not have any benefit to the Assessee. In this case, is it possible to not apply the set off for FY 2019-20 and carry forward the capital loss to future years, so that the Assessee can utiliise the carried forward losses to effectively set off capital gains in future years, when payable tax can be minimised? If yes, how can this be achieved in AY 2020-21 ITR2?

Replies (10)
You mean to say that your entire capital gain of F.Y.2019-20 is exhausted by basic exemption limit and hence your tax payable is NIL!

You First set off Capital Gain Loss than Claim Basic Limit Benefit

I don't think their is any option like that
but if you want check In setoff section

Yes the capital gains are within the basic exemption limit for zero tax. This is the case as the assessee is a senior citizen, and hence using previous years losses to set off adds no benefit. She could potentially use the C/f loss for this year due to larger property related capital gains in FY 2020-21. Hence is there a provision to not use carry forward losses in AY 2020-21 and hence carry forward to AY 2021-22?

"You First set off Capital Gain Loss than Claim Basic Limit Benefit"
I could not find any rule in IT Act which says that this is mandatory!! Hence seeking any options.

@ raghu..the adjustment relating to set off of previous years losses is done before calculating net total taxable income which is the amount on which final tax liability of the assessee is determined. That means we need to take into account the set off adjustment in order to calculate the tax liability. Further, basic exemption limit comes into picture after calculating the tax amount. Hence, in your case also first set off of losses shall be adjusted and the balance amount shall be used against the basic exemption limit.

I agreee with @ Kiran Ji

 

@ Kiran Hathalia - Thank you for your response. Does this mean that the set of of previous years losses is by default to be carried out as soon as there is a corresponding capital gain against which it can be set off, irrespective of whether the set off would benefit the Assessee or not? 

Yes, rightly said by you. Since, as per the Income-tax Act, hierarchy needs to be followed for calculating the taxable income. @ raghu

Thanks Kiran. Also If the Assessee does not show the Previous Year's loss in this years tax return (and hence effectively no set off against capital gains for this year will occur) but she has declared the loss as carry forward in all previous years since the loss has occurred, will there be a problem to utilize the loss to set off against gains in future years?

Set off of losses is mandatory exercise in computation of income. Neither the assessee nor the tax authorities have any option to defer the set off of losses unless the same can not be absorbed by current year's income.


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