Can I set off capital losses against gains?

Short answerYes. A short-term capital loss can be set off against both short-term and long-term gains; a long-term capital loss can be set off only against long-term gains. Unused losses can be carried forward for 8 years — but only if you file your return on time.

The set-off rules

Capital losses follow a clear hierarchy. A short-term capital loss is flexible — it can be set off against both short-term and long-term capital gains. A long-term capital loss is restricted — it can be set off only against long-term capital gains. Capital losses cannot be set off against salary or other ordinary income.

Carrying losses forward

If you can’t fully absorb a loss this year, you may carry it forward for 8 assessment years and set it against future capital gains under the same rules. The crucial condition: the loss is only carried forward if you filed the return by the due date. A belated return generally forfeits the carry-forward. Confirm the current rules per the Finance Act.

A worked example

Example: this year you have a ₹2 lakh short-term loss on shares and a ₹3 lakh long-term gain on property. The short-term loss can be set off against the long-term gain, leaving ₹1 lakh taxable. Had it been a long-term loss instead, it could still offset the long-term gain. File on time to keep any unused loss alive for next year. Our team can plan your set-offs.

Talk to CA Vijay R Singh

Sitting on losses you want to set off or carry forward? You can message him directly, or book a short call to talk through your situation.

This answer is general information for taxpayers, not tax advice. Tax rates, thresholds and forms change with each Finance Act — please confirm the current position for your own facts, or speak to us, before acting.

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