Set Off and Carry Forward of Loss (2024)

When a business or trade occurs, it could result in profit or loss. The trader or businessman can incur losses or enjoy the benefits of gain. But laws of income tax in India give the taxpayers who have incurred losses some advantages.

Set-off and carry forward of loss means making adjustments of losses against the profit of that particular year. However, the losses that cannot be set off against income of the same year are carried to subsequent years. This is the meaning of set-off and carry forward of loss.

Set-off and Carry Forward of loss

This concept was introduced to provide relief to taxpayers who incur losses in a particular financial year. The Set-off and carry forward of loss assist taxpayers to settle the losses they incurred against the income they gained or the profit they made. Sometimes, all the losses do not settle against this year’s profit if the losses are high compared to the gains. In such cases, those losses can be carried forward into the profits of subsequent years.

Set-off and carry forward of loss happens when you calculate your capital gains, and the capital gains appear to be lesser than the cost of acquisition. Set-off and carry forward of loss can be measured by adjusting the gain or loss of that specific year. However, the rule is that the losses from capital gain cannot be set off against income in any other way. It could only be settled with capital gains.

For example, loss from property investment can only be settled against the profit of another property investment. You cannot fix these losses with other income, such as bonds and stocks. This is the set-off and carries forward of losses meaning.

The Rules and Exceptions to inter-source set-off and the carry forward of loss sections

Capital

They can only be settled against long-term capital gain. But the short-term capital losses can be settled against the short-term and long-term capital gains. Hence, short-term capital losses are more flexible in dealing with long-term capital losses. There is an eight-year duration limit for long-term and Short term capital losses.

Normal Business

  • The business losses can be carried forward with the previous years’ profits
  • The set and carry forward of loss will not occur if it doesn’t fall under the ‘Profits and gains of business and profession’ section
  • The loss from business can only be forwarded to 8 following years and not more
  • The loss has been incurred as a part of a profession or business
  • The loss has not been incurred from businesses that involve speculation
  • The off and carry forward of loss will not occur if there is a case of inheritance or succession

Let us discuss the sub-section losses from the speculation business.

Speculative Business

An example of the speculation business is the stock market, trading NFTs and cryptocurrencies. The losses from such enterprises have to be settled against profits from such gains only.

This is because the speculation business is risky, and such risk should be taken with care. If the government took care of such losses, people would not be careful about risky investments. The duration limit for speculation business is four years.

Let us study the sub-section Business under 35 AD’s Loss.

Specified Business

Suppose you incur loss from a Specified business under section 35 AD. In that case, it will not be settled against the profits from any other income other than from income from such specified businesses only. There is no time limit for carrying forward losses.

Other sources

The loss that a person incurred by owning and maintaining the racehorses is also not considered in the off and carry forward of loss. Such losses have to be incurred at personal risk—the duration limit for horse races is four years.

House property

  • Any Loss from the income of house property is given priority to be set off
  • They are set off against income from any other heads with respect to certain conditions
  • The losses that couldn’t be settled with profits this year are carried forward to subsequent years

This falls under the ‘Income from house property’ section.

Conclusion

The set-off and carry forward of loss is a technique implemented by the government to help taxpayers with losses. Such losses can be settled against profits from the same year and a few subsequent years. Losses from one head can also be resolved with earnings from other categories.

The set-off is of two types: The intra-head set-off and the inter-head set-off. The profits from activities like gambling, card games, horse care, and lotteries are not considered during set off. There is a period beyond which the loss cannot be carried forward.

Set Off and Carry Forward of Loss (2024)

FAQs

What is the set off of losses answer? ›

Set off of losses means adjusting the losses against the profit or income of that particular year. Losses that are not set off against income in the same year can be carried forward to the subsequent years for set off against income of those years. A set-off could be an intra-head set-off or an inter-head set-off.

What are the rules for carry forward of losses? ›

Losses can only be carried forward if the income tax return for that financial year in which losses are incurred is filed on and before the due date as per section 139(1). In the case of house property, losses can be carried forward even if the income tax return is filed after the due date.

What is an example of a carry forward loss? ›

Example of a Net Operating Loss Carryforward

For a simple example of the NOL carryforward rules post-TCJA, suppose a company lost $5 million in 2022 and earned $6 million in 2023. Its carryforward limit for 2023 would be 80% of $6 million, or $4.8 million.

How many years can you carry forward losses? ›

You can carry over capital losses indefinitely. Figure your allowable capital loss on Schedule D and enter it on Form 1040, Line 13. If you have an unused prior-year loss, you can subtract it from this year's net capital gains.

What is the order of set off losses? ›

The business in which the loss was incurred need not be continued in that year. The effect of depreciation, business loss and investment allowance should be given in the following order: Current year's Depreciation; • Unabsorbed Business loss; • Unabsorbed Depreciation; • Unabsorbed Investment Allowance.

What is loss set off against total income? ›

Set loss off against other income

This is sometimes known as sideways loss relief. For losses arising in the 2023/24 tax year or earlier, the loss must have been calculated using the accruals basis of accounting. Losses arising in 2024/25 onwards can be calculated using either the cash basis or the accruals basis.

Can I use more than $3000 capital loss carryover? ›

The IRS caps your claim of excess loss at the lesser of $3,000 or your total net loss ($1,500 if you are married and filing separately). Capital loss carryover comes in when your total exceeds that $3,000, letting you pass it on to future years' taxes. There's no limit to the amount you can carry over.

Which losses Cannot be carried forward? ›

House Property Loss

As per the new income tax regime, the taxpayer can set off only current year loss from house property against income from house property and not against any other Income. Moreover, the taxpayer cannot carry forward house property loss to future years if they opt for the new tax regime.

Why is capital loss limited to $3,000? ›

The $3,000 loss limit is the amount that can be offset against ordinary income. Above $3,000 is where things can get complicated.

How much capital loss can you claim per year? ›

Deducting Capital Losses

If you don't have capital gains to offset the capital loss, you can use a capital loss as an offset to ordinary income, up to $3,000 per year. If you have more than $3,000, it will be carried forward to future tax years." Here are the steps to take when it comes to tax filing season.

How much stock loss can you write off? ›

No capital gains? Your claimed capital losses will come off your taxable income, reducing your tax bill. Your maximum net capital loss in any tax year is $3,000. The IRS limits your net loss to $3,000 (for individuals and married filing jointly) or $1,500 (for married filing separately).

Will I get a tax refund if my business loses money? ›

If you open a company in the US, you'll have to pay business taxes. Getting a refund is possible if your business loses money. However, if your business has what is classified as an extraordinary loss, you could even get a refund for all or part of your tax liabilities from the previous year.

Can I use less than $3000 capital loss carryover? ›

What Is a Capital Loss Carryover? Capital loss carryover is the net amount of capital losses eligible to be carried forward into future tax years. Net capital losses (the amount that total capital losses exceed total capital gains) can only be deducted up to a maximum of $3,000 in a tax year.

At what age do you not pay capital gains? ›

Capital Gains Tax for People Over 65. For individuals over 65, capital gains tax applies at 0% for long-term gains on assets held over a year and 15% for short-term gains under a year. Despite age, the IRS determines tax based on asset sale profits, with no special breaks for those 65 and older.

What is set off and carry forward of losses in income tax? ›

Set-off and carry forward of loss means making adjustments of losses against the profit of that particular year. However, the losses that cannot be set off against income of the same year are carried to subsequent years. This is the meaning of set-off and carry forward of loss.

How do losses offset income? ›

Use an Overall Loss to Offset Taxable Income

A loss can be deducted from other reported taxable income up to the maximum amount allowed by the Internal Revenue Service (IRS) if the total net figure between short- and long-term capital gains and losses is a negative number, representing an overall total capital loss.

Can I offset capital gains with losses? ›

Yes, but there are limits. Losses on your investments are first used to offset capital gains of the same type. So, short-term losses are first deducted against short-term gains, and long-term losses are deducted against long-term gains. Net losses of either type can then be deducted against the other kind of gain.

How are losses written off? ›

In accounting terminology, a write-off refers to reducing the value of an asset while debiting a liabilities account. Literally, the term is used by businesses that are seeking to account for unpaid loan obligations, unpaid receivables, or losses on stored inventory.

What losses are? ›

: an amount by which the cost of something exceeds its selling price. profits and losses. The business is operating at a loss. sold the stock at a loss.

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