Taxation

Capital Loss

Capital Loss

Photo by Nataliya Vaitkevich on Pexels

What Is Capital Loss?

A capital loss occurs when you sell a capital asset — such as shares, mutual fund units, or property — for less than its purchase price. In the Indian equity context, if you buy a stock at ₹500 and sell at ₹350, you incur a capital loss of ₹150 per share.

Formula:

Capital Loss = Cost of Acquisition − Sale Price

Capital losses are not merely unfortunate outcomes; strategically, they can be used to reduce your tax liability through set-off and carry-forward provisions under the Income Tax Act, 1961.


Types of Capital Loss

Like capital gains, capital losses are classified based on the holding period:

  • Short-Term Capital Loss (STCL): Asset held for less than 12 months (for equities)
  • Long-Term Capital Loss (LTCL): Asset held for 12 months or more (for equities)

Set-Off Rules for Capital Losses in India

The Income Tax Act specifies strict rules on which losses can offset which gains:

Loss Type Can Be Set Off Against
Short-Term Capital Loss (STCL) Both STCG and LTCG
Long-Term Capital Loss (LTCL) Only LTCG (not STCG)
Speculative Loss Only Speculative Gain

Key rule: Capital losses cannot be set off against salary, business income, or interest income.


Carry-Forward of Capital Losses

If capital losses cannot be fully absorbed in the same financial year, they can be carried forward for up to 8 assessment years:

  • Condition: You must file your ITR before the due date (usually 31 July) to carry forward losses
  • LTCL Reintroduced: Since Budget 2018 reintroduced LTCG on equities, LTCL from equity can now be carried forward and set off against future LTCG on equity

Tax-Loss Harvesting — A Strategic Use of Capital Loss

Tax-loss harvesting is the deliberate practice of selling loss-making positions near financial year-end (March) to book losses that offset gains elsewhere in your portfolio:

Example:

  • You have LTCG of ₹1,80,000 from selling HDFC Bank shares
  • You also hold Vodafone Idea shares at a loss of ₹60,000
  • Selling the Vodafone shares realises a capital loss of ₹60,000
  • Net taxable LTCG: ₹1,80,000 − ₹60,000 = ₹1,20,000 (below ₹1.25 lakh exemption = zero tax)

⚠️ Wash Sale Rule: India has no formal wash-sale restriction, so you can repurchase the same stock immediately after selling. However, do this only if the investment thesis is unchanged.


Practical Tips for Indian Investors

  1. Review portfolio in February–March — Identify unrealised losses that could usefully be booked before financial year-end
  2. Don't let the tax tail wag the investment dog — Only harvest losses if the position is fundamentally weak
  3. Track purchase dates carefully — The STCL vs. LTCL distinction significantly impacts set-off flexibility
  4. Use a tax consultant — Complex portfolios with multiple instruments need professional tax planning

FAQ

Q: Can I set off equity capital loss against FD interest income? A: No. Capital losses can only be set off against capital gains, not ordinary income like interest or salary.

Q: What if I forget to file ITR before the due date — can I still carry forward losses? A: No. Capital losses can only be carried forward if you file your return before the due date. A belated return does not preserve carry-forward rights.

Q: Is loss on equity mutual fund redemption treated as capital loss? A: Yes. Equity mutual fund units are treated like listed equity shares — losses are classified as STCL or LTCL based on the holding period (12-month threshold).

Disclaimer

This content is for educational and informational purposes only and does not constitute SEBI-registered investment advice. Always consult a qualified financial advisor before making investment decisions. Past performance is not indicative of future results.