- Gain or loss from delivery based shares is always a capital gain either stcg or ltcg irrespective of frequency and volume.
- gain or loss from F&O and intraday is always business income.
- tax is payable on 90 lacs and not on 6% of 2 cr.
As per CBDT circulars Assessee has option to show Profits from shares as business income or Capital Gain. However, for frequent trading it has to be shown as business income. However, for Long term capital gains, he can choose the option of LTG and Assessing Officer cannot dispute it (my understanding). Question is can a person who buys and sells shares frequently show his income under Business and Profession and for long term gains under capital gains? Or is it that once you chose to show under Business Income you also have to show long term capital gains also under business income. The 3 CBDT circulars on this issue are not clear. 2nd question is shares bought and sold the same day without taking delivery as speculative gains or losses under head business income. What is the treatment for shares bought today but sold the next day BTST? Delivery of shares is taken by broker but since they are sold off the next day they don’t enter clients demat account. 3rd question in about FnO profits. All expenses like brokerage, STT, exchange fees, sebi fees, gst, stamp duty are allowable. Besides these expenses I have incurred nothing as such other than nominal broad band and electric charges. How can I reduce my tax liability legally. 4th and last question: FnO turnover is computed as per guidance given by ICAI. Absolute of positive and negative differences and premium received on sale of options etc. Can I use this figure of turnover and pay tax at 6% under presumptive scheme? My turnover as per ICAi method is Rs. 2 cr but otherwise 196 cr. Profits about 90 lacs.
- Gain or loss from delivery based shares is always a capital gain either stcg or ltcg irrespective of frequency and volume.
- gain or loss from F&O and intraday is always business income.
- tax is payable on 90 lacs and not on 6% of 2 cr.
Thanks. But I have borrowed money to buy shares. Still will it be capital gains? What about BTST transactions and Q no. 3 ?
- if it will be treated as business income then what will be taxable in STCG?.
- what is BTST?. please take phone consultation for detailed discussion.
1. You can show frequent trading stocks as your business income and your portfolio containing long term investment as a capital gain.
2. If it is not intraday it can be treated as normal business income and not speculative. Even if the shares would not have had your demat account, dates in contract note would show that it is not intraday trading.
3&4. In my opinion, you should not opt for presumptive taxation scheme and pay tax as per the regular. If you opt for presumptive scheme, there will be a huge mismatch between income as per your tax return and income as per your bank account. Legally, there is no other way to save tax except if you have any brought forward losses.