How to utilize LTCL only while utilizing LTCG Exemption of 1.25 L and Carry forward losses

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Hi 

 if one has Long Term Capital Loss of INR 2 L and LTCG of INR 1.25 L, how it should be reported in ITR , while effectively utilizing LTCG exemption limit using facility of Carry Forward Losses together

thanks

 

 

Replies (3)

You cannot utilize the ₹1.25 Lakh exemption while simultaneously carrying forward the full ₹2 Lakh loss. The ITR will first subtract the loss from the gain. In your case, your taxable LTCG will be ₹0, and you will carry forward a loss of ₹75,000 to future years. The ₹1.25 Lakh exemption is not utilized because there is no "Net Gain" left to exempt.

 

thanks

But isn't defy the very purpose of providing exemption limit??? , which is to reduce effective tax for LTCG, since LTCL can be carry forward, accordingly LTCg should also adjusted for effective tax exemption/rates utilization... LTCg anyhow is a Long term returns

Hi Amit,

I completely understand your point. Logically, it feels like a lost opportunity to save on taxes, and from an investor's perspective, your argument makes perfect sense!

However, the Income Tax Act operates on a strict sequence of computation rather than what is most tax-efficient. Here is the legal breakdown of why it works this way:

Mandatory Set-Off First (Section 70): The law requires you to aggregate all incomes and losses under the same head before calculating tax. You cannot choose to skip offsetting your Long Term Capital Loss (LTCL) against your Long Term Capital Gain (LTCG). It is a mandatory first step.

Exemption is a Threshold (Section 112A): The ₹1.25 Lakh limit is not a standard deduction you can claim at will. It is simply the threshold above which tax is levied.

The calculation strict order:

Gross LTCG: ₹1.25 Lakh

Less Current Year LTCL: (₹2.00 Lakh)

Net Capital Gain: ₹0 (with ₹75,000 carried forward)

Since your Net LTCG is zero, there is no gain left to apply the ₹1.25 Lakh exemption to. You don't "lose" the exemption; you simply didn't reach the taxable threshold this year because your losses absorbed the gains first.

Hope this makes the mechanics clearer, even if the outcome isn't what we'd hope for!


CCI Pro

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