Taxation on Stock Market

Understanding the taxation of various investment and trading activities is crucial for financial planning. Here's a detailed breakdown of the tax implications for Capital Gains, Intraday Trading, Futures & Options (F&O), and Speculative Income for the Financial Year (FY) 2025-26 (Assessment Year 2026-27). 

1. Capital Gains Tax a. Short-Term Capital Gains (STCG):

  • Definition: Profits from the sale of equity shares or equity-oriented mutual funds held for 12 months or less.
  • Tax Rate: 20%.​
  • Example: If you purchase shares worth ₹2,00,000 and sell them within 6 months for ₹2,50,000, your gain of ₹50,000 will be taxed at 20%, resulting in a tax liability of ₹10,000.​
b. Long-Term Capital Gains (LTCG):
  • Definition: Profits from the sale of equity shares or equity-oriented mutual funds held for more than 12 months.
  • Tax Rate: 12.5% on gains exceeding ₹1,25,000 per annum.​
  • Example: If you have a total LTCG of ₹2,00,000 in a financial year, the taxable amount is ₹75,000 (i.e., ₹2,00,000 - ₹1,25,000 exemption). The tax would be 12.5% of ₹75,000, amounting to ₹9,375.​
​Note: The exemption limit for LTCG has been increased from ₹1,00,000 to ₹1,25,000 as per the latest budget. ​ 

2. Intraday Trading Taxation

  • Nature of Income: Classified as Speculative Business Income since it involves buying and selling stocks on the same day without actual delivery.​
  • Tax Treatment: Taxed as per the individual's applicable income tax slab rates.​
  • Example: If your total income, including intraday trading profits of ₹1,00,000, falls under the 30% tax bracket, the tax on intraday profits would be ₹30,000.​
  • Loss Set-Off: Speculative losses can only be set off against speculative gains and can be carried forward for 4 years.​
3. Futures & Options (F&O) Trading Taxation
  • Nature of Income: Considered as Non-Speculative Business Income.​
  • Tax Treatment: Profits are added to the individual's total income and taxed according to the applicable income tax slab rates.​
  • Example: If you earn ₹2,00,000 from F&O trading and your total income is ₹8,00,000, your total taxable income becomes ₹10,00,000. If this places you in the 30% tax bracket, the tax on F&O income would be ₹60,000.​
  • Loss Set-Off: Non-speculative business losses can be set off against any other income (except salary) and can be carried forward for 8 years.​
  • Audit Requirement: If turnover exceeds ₹1 crore or profits are less than 6% of turnover, a tax audit may be required. ​
4. Speculative Income
  • Definition: Income from activities like intraday trading without actual delivery of shares.​
  • Tax Treatment: Treated as Speculative Business Income and taxed as per individual slab rates.​
  • Loss Set-Off: Speculative losses can only be set off against speculative gains and carried forward for 4 years.​
Securities Transaction Tax (STT)
  • Applicability: STT is levied on the transaction value of securities traded on recognized stock exchanges.​
  • Rates:
    • Equity Delivery: 0.1% on both buy and sell sides.​
    • Equity Intraday: 0.025% on the sell side.​
    • Futures (Equity): 0.0125% on the sell side.​
    • Options (Equity): 0.0625% on the sell side (on premium).​
​Note: The STT rates were increased by 25% effective from April 1, 2023. ​Recent Regulatory Changes The Securities and Exchange Board of India (SEBI) has introduced measures to curb excessive speculative trading by retail investors
  • Increased Minimum Contract Size: The minimum contract size for derivatives has been raised to ₹1.5 million.​
  • Limited Weekly Contracts: Only one weekly options contract per exchange is allowed.​
These changes aim to reduce the high risks associated with speculative trading, as studies have shown that a majority of retail traders incur losses in derivatives trading. ​

 Key Takeaways:

  • Investors: Benefit from a ₹1,25,000 exemption on LTCG, with gains above this taxed at 12.5%.​
  • Traders: Income from intraday and F&O trading is treated as business income and taxed as per applicable slab rates.​
  • Loss Management: Speculative losses have stricter set-off and carry-forward rules compared to non-speculative losses.​
It's advisable to maintain detailed records of all transactions and consult with a tax professional to ensure compliance and optimize tax liabilities.

Thu Mar 20, 2025

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