Tax Consultant
1596 Points
Posted on 07 July 2026
F&O income is treated as BUSINESS INCOME (non-speculative) under the Income Tax Act, not capital gains. This determines everything about how you report it.
Key points for AY 2026-27:
Which ITR form: ITR-3 if you have F&O income along with salary or other income. ITR-4 (Sugam) does NOT apply for F&O; you cannot use presumptive taxation for derivatives.
Tax audit requirement: Under Section 44AB, if your F&O turnover (sum of absolute values of profits and losses) exceeds Rs 10 crore, audit is mandatory. Below Rs 10 crore, no audit IF your profit is at or above 6% of turnover. If profit is below 6%, you need an audit.
Set off of F&O losses:
- F&O losses can be set off against any business income in the SAME year
- Unabsorbed F&O losses can be carried forward for 8 years under Schedule CFL
- They CANNOT be set off against salary income
Turnover for F&O purposes: is the sum of all positive (profit) legs and all negative (loss) legs, i.e. absolute value of each trade outcome. This is different from total contract value.
For the complete tax audit thresholds and Form 3CB/3CD requirements, this [tax audit Section 44AB guide](https://taxgarden.in/blog/tax-audit-section-44ab-thresholds-form-3cd) covers the rules in detail.