NISM Professor

Set-off of losses

Using a business loss against other eligible income in the same financial year, before any unabsorbed balance is carried forward: for PMS F&O losses, against business or non-salaried income only, never salary.

In plain language

A loss on one trade does not have to sit unused just because other income arrived in the same year. Set-off is the first, same-year step: using a loss to reduce other taxable income before working out what tax is due.

For a PMS client trading futures and options, F&O losses are business losses, taxed under PGBP, and the workbook gives a specific, narrow rule for what they can be set off against in that same year: "business losses from derivatives can be set off against any other business income or non-salaried income in the same financial year." One income type is expressly ruled out: "derivative losses cannot be set off against salary income."

How it works

The rule, in two parts (Chapter 11, section 11.2.3).

Set-off allowed againstSet-off barred against
Any other business income in the same yearSalary income
Non-salaried income in the same year

Set-off comes first; carry forward covers what is left over. If a loss is not completely absorbed by set-off in the current year, the remaining balance is carried forward, for up to 8 assessment years, and only usable against future business income.

The workbook's set-off rule is specific to F&O losses earned through a PMS. It does not restate the Income Tax Act's general set-off rules for capital losses or losses under other heads.

A worked example

Ms. Iyer, a salaried marketing manager who also earns rental income from a shop she owns, trades F&O through her PMS.

HeadAmount
Salary₹18,00,000
Rental income (non-salaried)₹3,00,000
F&O loss through PMS (business loss under PGBP)₹4,50,000

She sets the ₹4,50,000 F&O loss off against her ₹3,00,000 rental income first, fully absorbing it: ₹1,50,000 of the loss remains unabsorbed. She cannot set any part of the loss off against her ₹18,00,000 salary. That route is barred outright, however large the loss.

The remaining ₹1,50,000 is carried forward to future years, to be set off only against business income earned in those years, within the 8-assessment-year window.

Why NISM asks about it

Chapter 11 (Taxation), section 11.2.3, states the set-off rule immediately before the carry-forward rule, as the first of two steps in treating a derivatives loss. Expect a question distinguishing what a derivative loss can be set off against, other business or non-salaried income, from what it cannot, salary, often paired with a carry-forward calculation.

Common exam traps

  • Salary income is expressly excluded from set-off, even in the same year the loss arises. This is the single most tested point in this rule.
  • Set-off happens first, in the same financial year; carry forward only covers what set-off could not absorb.
  • This rule is specific to F&O business losses in a PMS. Do not generalise it to capital losses on equity or debt, which follow different set-off rules not covered in this workbook's derivatives section.
  • "Non-salaried income" is the permitted category, alongside other business income. Do not read the rule as barring set-off against everything except business income.

Where this is taught

Free preparation for NISM Series XXI-A

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