Stcg taxation for nri

can loss from house property be setoff against Short term capital gain on sale of equity shares in case of Nri?
Replies (2)
Quick Summary
For Non-Resident Indians (NRIs), losses from house property cannot be set off against short-term capital gains (STCG) from selling equity shares. This is because the Income Tax Act specifies that losses can only be offset against income within the same or specific other heads. House property losses can only be set against income from house property or other sources, not capital gains.

Hi Sachin,

Good question! Here's how it works for an NRI regarding loss from house property and short-term capital gain (STCG) on sale of equity shares:


🔹 Can loss from house property be set off against STCG on sale of equity shares for NRIs?

Short answer:
No, loss from house property cannot be set off against STCG on sale of equity shares.


📝 Detailed Explanation:

  • Loss from house property is a loss under the "Income from House Property" head.

  • Short-term capital gain (STCG) on sale of equity shares (if sold on a recognized stock exchange with STT paid) is chargeable under Capital Gains head.

  • As per Income Tax Act, losses can be set off only against income under the same head or specified heads as per section 71.


Allowed Set-Off Rules:

  • Loss from House Property can be set off only against Income from Other Sources or Income from House Property itself.

  • Capital Gains (short term or long term) cannot be adjusted with House Property losses.

  • Hence, loss from house property cannot be adjusted against STCG from equity shares.


Additional Points for NRIs:

  • NRIs are taxed similarly to residents for capital gains.

  • STCG on listed shares with STT is taxed at a flat rate of 15%.

  • House property loss set-off rules remain the same.


🔹 Summary:

Loss Type Can it be set off against STCG on shares?
Loss from House Property ❌ No
Capital Loss (short or long term) ✅ Yes (subject to capital gains rules)

House property loss (under old regime), can be set off against STCG. 

In new regime, there will not be any HP loss.

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