Tax Implications of Futures and Options Transactions Under Income Tax

Futures and Options give major profit, but they can also cause significant loss due to inaccurate predictions.

Tax on Futures and Options Trading

Nidhi | Aug 18, 2025 |

Tax Implications of Futures and Options Transactions Under Income Tax

Tax Implications of Futures and Options Transactions Under Income Tax

F&O, also known as futures and options, are derivative contracts that are traded in the share market. In F&O, there is a contract between two parties to trade a stock asset at a fixed price on a future date. Futures and Options are two different instruments having different concepts. A futures contract is when the parties agree to buy or sell an asset at a predetermined price, and both the buyer and seller are obligated to fulfil the contract. On the other hand, in the case of an options contract, there is no obligation to buy or sell an asset at a specified price. This helps the investors to minimise risks with stock trading, as the price is set in advance.

Futures and Options give major profit, but they can also cause significant loss due to inaccurate predictions. Therefore, F&O are only recommended to those active investors who have deep knowledge of the stock market. Let us understand how F&O are taxed.

Table of Content
  1. Tax on Profits and Losses
  2. Opting for Presumptive Taxation Under Section 44AD
  3. Turnover Calculation for F&O for Tax Audit
  4. Tax Audit and Books of Account Requirement
  5. Disclosing F&O in ITR
  6. Deductions Allowed

Tax on Profits and Losses

The income earned from F&O transactions is considered non-speculative business income under the head “Profits and Gains of Business or Profession“.

  • The profit here is taxable at the applicable slab rates (5%, 20%, 30%).
  • The losses incurred can be set off against other non-speculative business income or other heads (except salary). If it is not set off, it can be carried forward for 8 assessment years.
  • If you have paid STT (Securities Transaction Tax), then you can claim it as a deduction under Section 36(1)(xv).

Opting for Presumptive Taxation Under Section 44AD

Section 44AD offers a simple way to comply with tax compliance for eligible assessees, including individuals, Hindu Undivided Families (HUFs), and partnership firms (except Limited Liability Partnerships). Under this section, if the total turnover does not exceed Rs 2 crore during the financial year, the taxpayers can declare profits at 6% of turnover for digital receipts and 8% for other transactions. In such a case, the assessee does not need to maintain books of accounts for a tax audit. However, if the assessee opts out of Section 44AD after previously opting in, they cannot use it again for the next five financial years. Also, if they declare profits lower than 6% (for digital) or 8% (for non-digital) or report a loss after opting out, a tax audit may be required.

Turnover Calculation for F&O for Tax Audit

As per ICAI Guidance Note (2025), the turnover for Futures is the total of absolute profits and losses (Both favourable and unfavourable differences).

For options, the turnover includes the absolute value of profit or loss from squared-off or exercised transactions. Here, the Premium received on the sale of options is also added, but in the profit or loss calculations and not separately in the turnover to avoid double-counting. Additionally, the turnover also includes the differences in reverse trades.

Tax Audit and Books of Account Requirement

A tax Audit is required if the turnover crosses the prescribed limit of Rs 1 crore (for FY 2024-25) or Rs 10 crore if more than 95% of payments or receipts are digital.

Tax audit is also required if the assessee selects for presumptive Tax under Section 44AD, and declares a profit of less than 6% (digital transactions) or 8% (others) or incurs a loss. Also, if the total income is more than the basic exemption limit (Rs 2.5 lakh/Rs 3 lakh) under Section 44AB, then an audit is required. Therefore, if the turnover is less than this threshold and the profit is declared at 6% or 8%, then there is no requirement for a tax audit.

As per the Income Tax Act, books of accounts must be maintained if the income from business is more than Rs 1.2 lakh or if the turnover is more than Rs 10 lakh (Rs 25 lakh in the case of individuals or Hindu Undivided Families) in any of the three previous financial years. However, an exception is available under Section 44AD. If the taxpayer opts for presumptive taxation under this section and has a turnover of Rs 2 crore or less and declares profits of more than the prescribed rate of 6% (in the case of digital transactions) or 8% (for non-digital transactions), then there is no requirement to maintain books of accounts.

Disclosing F&O in ITR

Income from Futures and Options trading is considered business income and must be declared under the head “Profits and Gains of Business or Profession” in your income tax return.

If you are an individual or a Hindu Undivided Family (HUF) and have regular F&O income, you should file ITR-3. However, if you are using the presumptive taxation scheme under Section 44AD, then you should file ITR-4. For partnership firms, including LLPs, they must file ITR-5.

You must report all profits or losses from F&O trading and also add related expenses such as brokerage, STT, etc., in the PGBP schedules of the ITR. If a tax audit is applicable, then you also need to file Form 3CA or 3CB with Form 3CD before the due date of filing ITR.

Deductions Allowed

Some expenses regarding F&O trading can be claimed as deductions as business expenses under the Income Tax Act. These expenses are as follows:

  • Securities Transaction Tax paid can be claimed as a deduction under Section 36(1)(xv).
  • Brokerage fees
  • Other expenses that are incurred only for business purposes under section 37(1), such as internet bills, software tools, office expenses, etc.

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