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)
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.
Official sources and references (as of 2 November 2026)
- Income Tax Department: Income-tax Act, 1961 (sections 28, 36(1)(xv), 43(5)(d), 44AB, 71, 72, 80, 139)
- Income-tax Act, 2025, section 63 (tax audit), text and summary
- ICAI Guidance Note on Tax Audit: turnover in derivatives (Taxmann summary)
- CBDT Circular No. 7/2026: extended audit and return dates for AY 2026-27
- Income Tax Department: ITR-3 form (2026)
- Set-off of losses: 1961 Act to 2025 Act section mapping
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.