• Loss harvesting and wash-sale rule in India

Hi,

I have sold stock (say X) where I was incurring LTCL (I was holding this stock for last 8 years). Today I sold this stock using my icicidirect demat account and booked LTCL also today only I have purchased back the same quantity of stock X from different demat account Zerodha.

So my query is that shall I be able to claim LTCL for next 8 years and offset it against LTCG which may happen in future years. Does wash-sale rule applies here where transaction is across different demat accounts (but with same PAN number).

Thanks & Regards
Vineet Gautam
Asked 6 years ago in Capital Gains Tax

Hi Vineet,

 

Yes, all your transaction through various delay account linked to one PAN is considered together.

 

Although, prima facie there is no issue in claiming loss. However, sinve you have bought back to stock same day, if tax officer catches this fact, he may try to deny your claim.

 

However, there is no explicit provision in the law to deny your claim.

Lakshita Bhandari
CA, Mumbai
5687 Answers
943 Consultations

You can carry forward the losses of stocks sold after 31.3.18.

Example, 

1. Original purchase price = 10000

FMV as on 31.1.18 = 5000

Sale price 2019 = 4000

LTCL = 6000

 

2. Original purchase price = 10000

FMV as on 31.1.18 = 15000

Sale price 2019 = 4000

LTCL = 6000

Lakshita Bhandari
CA, Mumbai
5687 Answers
943 Consultations

Hi Vineet,

 

Hope you are doing well !!

 

Yes, you will be able to claim LTCL for next 8 years and offset it against LTCG which may happen in future years

Payal Chhajed
CA, Mumbai
5189 Answers
303 Consultations

Yes, you can carry forward LTCL for all previous 8 years.

Payal Chhajed
CA, Mumbai
5189 Answers
303 Consultations

Logically it should be from Jan.2018.

Vivek Kumar Arora
CA, Delhi
5026 Answers
1146 Consultations

Hi

 

As per my view,Carry forward provisions applicable from Jan 18 only.

 

Hope it helps

Swati Agrawal
CA, Mumbai
1146 Answers
7 Consultations

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