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Income-Tax Rules · AY 2026-27

Set-Off & Carry Forward of Losses —
8 Years, and the Due-Date Trap

How losses are set off in the same year, how long each type can be carried forward, why capital and business losses need a timely ITR, and the one loss that never expires.

Updated for FY 2025-26 CA Reviewed Income-tax Act, 2025
8 yrsmost losses
4 yrsspeculative loss
Unlimitedunabsorbed depreciation
Due dateto carry forward
Quick Answer

A loss is first set off against income in the same year, and any unabsorbed balance is carried forward to future years. Business and capital losses carry forward for 8 years, speculative losses for 4 years, and unabsorbed depreciation for unlimited years against any head. To carry forward business, capital, speculative or F&O losses, you must file the ITR on or before the due date — the only exception is unabsorbed depreciation, which survives a late (belated) return.

Most losses 8 yrs
Speculative 4 yrs
Unabsorbed dep. Unlimited
Late ITR Loss forfeited
Renumbered under the Income-tax Act, 2025

From AY 2026-27, the Income-tax Act, 2025 replaces the Income-tax Act, 1961. The set-off and carry-forward provisions (old Sections 70–80) are renumbered, but the rules, heads and carry-forward periods are unchanged. Budget 2025 did not alter loss set-off. Confirm your exact section on the portal at incometax.gov.in.

The mechanism

How Set-Off Works: Intra-Head, Then Inter-Head

Losses are absorbed in a fixed order before anything is carried forward. Each step has its own restrictions.

Intra-headLoss set off within the same head first
Inter-headBalance set off against other heads (limited)
Carry forwardUnabsorbed loss carried to future years
  • Step 1 — Intra-head: a loss is first adjusted within the same head — e.g. one house-property loss against another, or STCL against STCG from a different share sale.
  • Step 2 — Inter-head: the remaining loss is set off against other heads, with limits — house-property loss is capped at Rs 2,00,000 a year against other income; business loss can be set off against any head except salary; capital losses stay within capital gains only.
  • Step 3 — Carry forward: anything still unabsorbed is carried forward under the type-specific periods below.
A belated ITR kills your carry-forward right

File after the due date and you lose the right to carry forward capital losses, business losses, speculative losses and F&O losses incurred that year. Only unabsorbed depreciation survives. Brought-forward losses from earlier years can still be set off, but current-year losses are forfeited — so time your filing.

The full picture

Loss Set-Off & Carry Forward — Reference Table

Every loss type, what it can be set off against, how long it carries forward, and whether a timely return is required.

Loss TypeSet Off (Same Year)Carry ForwardFuture Set-OffITR by Due Date?
Short-Term Capital LossSTCG & LTCG (any asset)8 yearsSTCG & LTCG onlyMandatory
Long-Term Capital LossLTCG only8 yearsLTCG onlyMandatory
Business Loss (non-speculative)Any head except salary8 yearsBusiness income onlyMandatory
F&O Loss (non-speculative)Any head except salary8 yearsBusiness income onlyMandatory
Speculative Loss (intraday)Speculative profit only4 yearsSpeculative profit onlyMandatory
House Property LossOther heads, max Rs 2L/yr8 yearsHouse property income onlyMandatory
Unabsorbed DepreciationAny headUnlimitedAny headNot needed
Specified Business (35AD)Specified-business income onlyUnlimitedSpecified-business income onlyMandatory

Section references are those of the Income-tax Act, 2025 (formerly ss.70–80, Act of 1961). Rules are unchanged from prior years.

Most common case

Capital Losses — Set-Off Quick Reference

Capital losses are the most-asked case. STCL is flexible; LTCL is restricted. Neither can touch salary or other non-capital income.

Capital Lossvs STCGvs LTCGvs SalaryCarry Forward
Short-Term Capital Loss (STCL)YesYesNo8 years
Long-Term Capital Loss (LTCL)NoYesNo8 years

LTCG on listed equity is taxed at 12.5% over Rs 1.25L u/s 112A; listed-equity STCG at 20% u/s 111A. LTCL from equity can be set off against LTCG from any asset.

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Traders

F&O, Intraday & House-Property Losses

Two share-market activities are treated very differently. F&O (futures & options) is a non-speculative business — its loss can be set off in the same year against any head except salary and carried forward 8 years (future set-off only against business income). Intraday equity trading is speculative — its loss can be set off only against speculative profit and carried forward just 4 years.

F&O

F&O — non-speculative business

  • Same-year set-off vs any head except salary
  • Carry forward 8 years
  • Future set-off: business income only
  • ITR-3; tax audit u/s 44AB may apply on turnover
vs
Intraday

Intraday equity — speculative

  • Set-off only against speculative profit
  • Carry forward just 4 years
  • Cannot touch salary, capital gains or other income
  • Reported as speculative business income

For house property, after the 30% standard deduction u/s 24(a) and home-loan interest u/s 24(b), a net loss can be set off against other income only up to Rs 2,00,000 a year; the balance carries forward 8 years against future house-property income. Home-loan interest itself is capped at Rs 2 lakh for a self-occupied house under the old regime, and most such deductions do not apply in the default new regime.

STCL carried forward

STCG this yearRs 40,000
STCL this yearRs 1,00,000
Set off vs STCGRs 40,000
Carried forwardRs 60,000

House-property loss

Net HP lossRs 3,00,000
Set off vs salary (cap)Rs 2,00,000
BalanceRs 1,00,000
Carried forwardRs 1,00,000
Unabsorbed depreciation is the exception to every rule

Depreciation u/s 32 that a business cannot absorb becomes unabsorbed depreciation — the only loss that (1) can be set off against any head, (2) carries forward for unlimited years, and (3) survives a belated return. It is the most durable relief for capital-intensive businesses.

You can carry a loss forward if

  • You filed the ITR on or before the due date
  • The loss is a genuine, computed loss under the right head
  • You reported it in Schedule CFL / CG of the return

You cannot (or it lapses) if

  • You filed a belated return (except unabsorbed depreciation)
  • The 8-year (or 4-year) window has expired
  • You try to set a capital loss against salary or business income
Step by step

How to Carry Forward Losses in Your ITR

Compute per headCapital gains, business, house property
Set offIntra-head then inter-head, within limits
Report lossesSchedule CFL / CG / BFLA in the ITR
Pick right formITR-2 (capital gains) or ITR-3 (business/F&O)
File by due dateOn time to preserve carry-forward
  • Broker capital-gains / P&L statement
  • Trade-wise STCG / LTCG working
  • F&O turnover & audit check (44AB)
  • House-property interest certificate
  • Depreciation / block-of-assets schedule
  • Brought-forward losses from prior ITRs
  • Schedule CFL entries for current-year losses
  • Schedule BFLA for brought-forward set-off
  • Correct ITR form (ITR-2 / ITR-3)
  • Return filed on or before the due date

Capital losses go in Schedule CG, current-year losses in Schedule CFL, and brought-forward set-offs in Schedule BFLA. The portal auto-computes eligible set-off and the balance to carry forward once entries are correct. See our ITR-2 and ITR-3 guides for the exact schedules.

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Government sourcesSet-off & carry-forward: incometax.gov.in · Income-tax Act, 2025 (renumbering w.e.f. AY 2026-27); formerly ss.70–80, Act of 1961 · Capital gains: Section 111A (STCG 20%) & 112A (LTCG 12.5% over Rs 1.25L) · House-property set-off cap Rs 2,00,000/yr; unabsorbed depreciation u/s 32
People also ask

Set-Off & Carry Forward of Losses — FAQs

Basics
What is the difference between set-off and carry forward of losses?
Set-off is adjusting a loss against income in the same financial year — first within the same head (intra-head), then against other heads (inter-head), subject to restrictions. Carry forward applies only to the loss that remains unabsorbed after set-off: it is moved to future assessment years to be adjusted against eligible income there, within a type-specific time limit (usually 8 years, 4 for speculative, unlimited for unabsorbed depreciation).
For how many years can I carry forward losses under income tax?
Most losses — capital losses (STCL and LTCL), non-speculative business losses, F&O losses and house-property losses — carry forward for 8 assessment years. Speculative business losses carry forward for only 4 years. Unabsorbed depreciation and losses of a specified business under Section 35AD carry forward for an unlimited number of years.
Do the loss rules change under the Income-tax Act, 2025?
No in substance. The Income-tax Act, 2025 (effective from AY 2026-27) renumbers the old set-off and carry-forward provisions (Sections 70–80 of the 1961 Act) but keeps the heads, restrictions and carry-forward periods the same. Budget 2025 did not change loss set-off. Always confirm the exact section for your case on incometax.gov.in.
Timely Filing
Can I carry forward losses if I file my ITR after the due date?
Generally no. Filing a belated return (after the due date under the Act) forfeits the right to carry forward current-year capital losses, business losses, speculative losses and F&O losses. The one exception is unabsorbed depreciation, which can be carried forward even with a belated return. Brought-forward losses from earlier years can still be set off in a belated return — only the current year's losses are lost.
Which loss can be carried forward even with a late return?
Only unabsorbed depreciation. It can be set off against any head of income and carried forward for unlimited years, and — uniquely — the right to carry it forward is not lost if the return is filed after the due date. Every other loss type requires the ITR to be filed on or before the due date to be carried forward.
Capital Losses
Can a capital loss be set off against salary income?
No. Capital gains is a separate head, and capital losses can only be set off against capital gains — never against salary, house-property, business or other income. Short-term capital loss can be set off against both STCG and LTCG; long-term capital loss can be set off only against LTCG. Any unabsorbed balance carries forward for 8 years.
How is long-term capital loss from equity shares treated?
Long-term capital loss from listed equity shares or equity mutual funds (held over 12 months, STT paid) can be set off against long-term capital gains from any asset. If it exceeds LTCG in the current year, the balance carries forward for 8 assessment years to be set off against future LTCG. LTCL from equity cannot be set off against STCG. Listed-equity LTCG is taxed at 12.5% over Rs 1.25 lakh under Section 112A.
Can short-term capital loss be set off against long-term capital gain?
Yes. Short-term capital loss (STCL) is the more flexible of the two — it can be set off against both short-term capital gains (STCG) and long-term capital gains (LTCG) from any asset. Long-term capital loss, by contrast, can only be set off against LTCG. Both carry forward for 8 years if unabsorbed.
Business & F&O
How is F&O loss treated for set-off and carry forward?
F&O (futures and options) trading is a non-speculative business under income tax. Its loss can be set off in the same year against any head except salary — including rental income, interest, capital gains and other business income — and carried forward for 8 years, with future set-off restricted to business income only. F&O is reported in ITR-3, and a tax audit under Section 44AB may be required depending on turnover.
Is intraday trading loss the same as F&O loss?
No. Intraday equity trading is a speculative business, whereas F&O is non-speculative. Speculative (intraday) losses can be set off only against speculative profit and carry forward for just 4 years. F&O losses can be set off against any head except salary in the same year and carry forward for 8 years. This distinction matters a lot when planning how to use trading losses.
Can business loss be set off against salary income?
No. A non-speculative business loss can be set off in the same year against any head of income except salary. In later years, a carried-forward business loss can only be set off against business income (PGBP), for up to 8 years. Speculative business loss is even more restricted — only against speculative profit, for 4 years.
What is unabsorbed depreciation and why is it special?
Unabsorbed depreciation arises when the depreciation allowance under Section 32 exceeds business income for the year. It is unique on three counts: it can be set off against any head of income (not just business), it carries forward for an unlimited number of years, and it can be carried forward even if the ITR is filed after the due date. This makes it the most flexible relief for capital-intensive businesses.
House Property
How much house-property loss can I set off against salary?
A net loss from house property (after the 30% standard deduction under Section 24(a) and home-loan interest under Section 24(b)) can be set off against other income, including salary, only up to Rs 2,00,000 in a year. Any loss beyond that cap carries forward for 8 years, to be set off only against future house-property income. Note that most such deductions apply under the old regime, not the default new regime.
Reporting
How do I report carry-forward of losses in my ITR?
Capital gains and losses go in Schedule CG of ITR-2 or ITR-3. Current-year losses to be carried forward are captured in Schedule CFL, and brought-forward losses set off in the current year flow through Schedule BFLA. The portal computes eligible set-off and the balance to carry forward once entries are correct. Filing on or before the due date is essential to preserve carry-forward (except unabsorbed depreciation).
Which ITR form do I file to carry forward losses?
It depends on the loss. Capital losses are reported in ITR-2 (for those without business income) or ITR-3. Business, F&O and speculative losses require ITR-3, since they involve income under Profits and Gains of Business or Profession. ITR-1 (Sahaj) cannot be used to carry forward losses. Choosing the correct form and filing by the due date are both necessary.
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