How F&O trading is taxed in India

Business income at your slab rate, ITR-3, turnover and tax audit, losses and advance tax: the rules for futures and options traders, with the sections of the Income-tax Act behind them.

Filing season · Last reviewed 2 November 2026

Guides for your return

Returns filed in 2026 are for FY 2025-26 (AY 2026-27) under the Income-tax Act, 1961. The Income-tax Act, 2025 applies from tax year 2026-27 (1 April 2026 to 31 March 2027), with "tax year" replacing previous year and assessment year. The treatment of F&O stays the same; some section numbers change.

Non-speculative business income

Profits and losses from futures and options traded on a recognised stock exchange are business income. Section 43(5)(d) of the Income-tax Act, 1961 takes these "eligible transactions" out of the speculative category, and the 2025 Act keeps the treatment. F&O is not taxed as capital gains.

Taxed at your slab rate

The net F&O result is added to your other income and taxed at your slab rates, with surcharge where it applies and 4% health and education cess. Under the default new regime, total income up to ₹12 lakh is tax-free for residents thanks to the rebate.

Expenses and STT are deductible

As business income, F&O profit is computed after expenses incurred for the trading: brokerage, exchange and SEBI charges, stamp duty, GST, data subscriptions, a share of internet costs and depreciation on equipment. STT paid on these trades is deductible too, under section 36(1)(xv) of the 1961 Act, because the income is business income; it is not deductible against capital gains.

Losses: set-off and 8-year carry forward

An F&O loss can be set off against other income of the same year except salary (section 71(2A)), and the rest carried forward for eight years against business income (section 72; section 112 of the 2025 Act). The carry-forward needs a return filed by the due date (section 80 read with section 139(1)).

Worked example (illustrative numbers)

Salary₹12,00,000
Standard deduction on salary (new regime)- ₹75,000
Net F&O profit after charges, STT and expenses₹3,00,000
Total income₹14,25,000
Tax at new-regime slab rates₹93,750
Health and education cess (4%)₹3,750
Total tax₹97,500

Without the F&O profit, total income of ₹11,25,000 would be within ₹12 lakh and tax-free after the rebate. The F&O profit is taxed together with the salary at the slab rates; it does not get a separate flat rate. Had the trading made a loss instead, it could not have been set off against the salary.

Turnover, audit and the return

Turnover is not contract value

For tax audit, F&O turnover follows the ICAI Guidance Note on Tax Audit: the sum of the absolute profits and losses of each closed trade. Since the 2022 revision, the premium received on sold options is no longer added. The turnover calculator works it out.

Tax audit limits

An audit is required above ₹10 crore of turnover when at least 95% of receipts and payments are non-cash, which is normal for exchange-traded F&O, otherwise above ₹1 crore (section 44AB of the 1961 Act, section 63 of the 2025 Act). Low profit can also trigger an audit in some presumptive-taxation cases.

ITR-3, not ITR-1 or ITR-2

Business income from F&O is reported in ITR-3 with a profit and loss account and balance sheet information, together with salary and other income. ITR-4 applies only under presumptive taxation, which rarely suits traders.

Advance tax

F&O profit has no TDS. If your tax for the year after TDS is ₹10,000 or more, it is due in four instalments; shortfalls cost 1% a month (sections 234B and 234C of the 1961 Act, 424 and 425 of the 2025 Act).

Important dates

15 Jun · 15 Sep · 15 Dec · 15 Mar

Advance tax instalments (15%, 45%, 75% and 100% of the year’s tax) if your tax after TDS is ₹10,000 or more. F&O profit has no TDS.

31 August

Due date for ITR-3 without audit, from AY 2026-27 under the Finance Act, 2026. Filing on time keeps an F&O loss alive for carry forward.

30 September · 31 October

Normal dates for the tax audit report and the return in audit cases. For AY 2026-27, CBDT Circular No. 7/2026 extended them to 21 October and 21 November 2026.

General information, not tax advice

Last reviewed 2 November 2026. This page explains the rules in general terms for education. The Income-tax Act, 2025 is new and some points are still being interpreted; due dates and rates change with each Finance Act.

Consult a chartered accountant before you file or make a decision.