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Set-Off and Carry Forward of Losses Under ITA 2025: Complete Rules

Set-off and carry forward of losses under ITA 2025 — intra/inter-head rules, LTCL only vs LTCG, speculation 4 years, business 8 years, unabsorbed depreciation indefinite, file on t...

Vikas Sharma Tax & Compliance Expert
4 min read 174 views Updated Sep 2, 2026
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Last updated: September 2026Verified against: Government sources
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Set-off and carry forward of losses under ITA 2025 — intra/inter-head rules, LTCL only vs LTCG, speculation 4 years, business 8 years, unabsorbed depreciation indefinite, file on time to carry forward.

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Legal Reference
Sections 90-95 (set-off and carry forward), ITA 2025 | Must file ITR on time to carry forward | Speculation loss 4 years, business/capital loss 8 years, unabsorbed depreciation indefinite | Corresponds to Sections 70-80 of ITA 1961

1. Loss Rules: First Intra-Head, Then Inter-Head

Under ITA 2025, losses are first set off within the same head of income (intra-head set-off), and then any remaining loss is set off against other heads (inter-head set-off), subject to restrictions. The order matters — you cannot skip intra-head set-off and go directly to inter-head.

2. Intra-Head Set-Off

  • House property: loss from one HP set off against income from another HP
  • Business: loss from one business set off against profit from another business (within non-speculative)
  • Capital gains: STCL set off against STCG from other assets; LTCL set off against LTCG from other assets

3. Inter-Head Set-Off Rules

Loss TypeCan Set Off AgainstCannot Set Off Against
House property loss (max Rs 2L)Any income head
Business loss (non-speculative)Capital gains, HP income, other sourcesSalary income
Speculation lossSpeculation income onlyAll other income
STCLSTCG and LTCGSalary, business, other sources
LTCLLTCG onlySTCG, salary, business, other sources

4. Carry Forward Periods

Loss TypeCarry ForwardSet-Off Against (Future)
Non-speculative business loss8 yearsBusiness income only
Speculation loss4 yearsSpeculation income only
STCL8 yearsSTCG and LTCG
LTCL8 yearsLTCG only
Unabsorbed depreciationIndefiniteAny income except salary
HP loss carry forward8 yearsHP income only

5. CRITICAL: File ITR on Time

Business losses and capital losses can only be carried forward if the ITR was filed by the original due date (not belated). Filing a belated return causes forfeiture of the right to carry forward business and capital losses. Only unabsorbed depreciation and house property losses survive belated filing. This is one of the most important reasons to file ITR on time.

6. F&O Losses: Non-Speculative Business Loss

F&O (futures and options) trading is treated as non-speculative business under the proviso to Section 43(5) of ITA 2025. F&O losses are non-speculative business losses — they can be set off against any income except salary in the current year, and carried forward for 8 years against business profit. Unlike speculation losses, F&O losses can offset rental income, capital gains from other assets, and other source income.

7. Why TaxClue

Optimal loss utilisation requires careful identification — speculative vs non-speculative, STCL vs LTCL — and correct scheduling in ITR. TaxClue maximises loss set-offs and carry-forwards. Contact us under ITA 2025.

Disclaimer
This article is for general informational and educational purposes only. It does not constitute legal, financial, or professional tax advice. Readers are advised to consult a qualified Chartered Accountant or tax professional before making any decisions. TaxClue Consultech Pvt Ltd accepts no liability. All case studies and examples in this article are illustrative only and do not represent actual persons or transactions.

Key Facts About Off and Carry Forward

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

Can LTCL be set off against STCG?

No. Under Section 93 of ITA 2025, long-term capital loss (LTCL) can only be set off against long-term capital gains — not STCG, salary, business income, or other sources. Short-term capital loss (STCL) is more flexible — it can set off against both STCG and LTCG. Both types of capital loss can be carried forward for 8 years and set off only against capital gains in future years.

Can business loss be set off against salary?

No. Non-speculative business losses cannot be set off against salary income — this is an absolute prohibition under ITA 2025. Business losses can be set off against capital gains, house property income, and other sources income (but not salary) in the current year. When carried forward (for up to 8 years), they can only be set off against business income.

Over 90% of compliance penalties in India arise from missed due dates — timely handling can save businesses thousands of rupees each year.

— TaxClue Compliance Desk

Off and Carry Forward: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Frequently Asked Questions
Can LTCL be set off against STCG?
No. Under Section 93 of ITA 2025, long-term capital loss (LTCL) can only be set off against long-term capital gains — not STCG, salary, business income, or other sources. Short-term capital loss (STCL) is more flexible — it can set off against both STCG and LTCG. Both types of capital loss can be carried forward for 8 years and set off only against capital gains in future years.
Can business loss be set off against salary?
No. Non-speculative business losses cannot be set off against salary income — this is an absolute prohibition under ITA 2025. Business losses can be set off against capital gains, house property income, and other sources income (but not salary) in the current year. When carried forward (for up to 8 years), they can only be set off against business income.
Why is filing ITR on time critical for losses?
Under ITA 2025, business losses and capital losses can only be carried forward to future years if the ITR was filed by the original due date (31 July for non-audit cases). A belated return (filed after due date) forfeits the right to carry forward these losses. Only unabsorbed depreciation and house property losses survive belated filing. This rule makes timely ITR filing essential even in loss years where no tax is due.
Are F&O trading losses speculative or non-speculative?
F&O (futures and options) losses are non-speculative business losses under the proviso to Section 43(5) of ITA 2025. F&O is explicitly excluded from speculative transactions. Non-speculative F&O losses can be set off against capital gains, rental income, and other sources (but not salary) in the current year, and carried forward for 8 years against business income. This is more flexible than speculation losses which can only offset speculation income.
Can unabsorbed depreciation be carried forward indefinitely?
Yes. Unabsorbed depreciation — the portion of depreciation under Section 35 that exceeds business income in a year — can be carried forward indefinitely with no time limit. In future years, it can be set off against any income except salary. This makes unabsorbed depreciation a valuable long-term deferred tax asset for capital-intensive businesses. It survives even a change of ownership (unlike business losses which have the 51% shareholding rule).
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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

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