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Trading — F&O & Intraday

F&O and Intraday Taxation: ITR-3, Turnover, Audit & Loss Rules

F&O = non-speculative business income. Intraday equity = speculative. Both need ITR-3 — never ITR-1/2. Audit only above ₹10 cr turnover (digital). Losses carry forward if you file on time.

How each trade is classified

ActivityTreatmentForm
Futures & OptionsNon-speculative business incomeITR-3
Intraday equity (no delivery)Speculative business incomeITR-3
Delivery equity / equity MFCapital gains (20% STCG / 12.5% LTCG)ITR-2*

*Salaried + F&O? You still file ITR-3 (business income dominates the form choice).

Turnover and the audit question

F&O turnover = absolute profit & loss across trades (per ICAI guidance) — not premium value. Your broker's turnover statement does this math.

SituationAudit?
Turnover > ₹10 cr (≥95% digital — automatic for F&O)Yes — 44AB(a)
Turnover ≤ ₹10 cr, never opted for 44AD — even in lossNo
Opted into 44AD earlier, opted out, now profit <6% or lossYes — 44AB(e) + 5-year 44AD bar
44AD presumptive for F&O is a grey area most CAs avoid — file ITR-3 with proper books (broker statements + P&L) instead. From 1-Apr-2026, STT on derivatives is higher (Finance Act 2026) — but STT on business income is deductible as an expense, unlike in capital gains.

Loss set-off and carry-forward

Loss typeSet off againstCarry forward
F&O (non-speculative)Any income except salary8 years (file by due date)
Intraday (speculative)Only speculative profits4 years (file by due date)

Deductible trading expenses: brokerage, STT, data/internet, advisory, depreciation on your trading setup. Trading profits also attract quarterly advance tax. Advance-tax dates → · ITR forms →

By TaxSetu Editorial Team · Last reviewed: 7 October 2026

Based on the Income-tax Act 2025, Income Tax Rules 2026 and CBDT notifications; sections per the Income-tax Act 1961 (as amended) with 2025-Act mappings where notified · Verify on the official portal: incometax.gov.in

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Frequently Asked Questions

ITR-3, always — F&O is non-speculative business income, so ITR-1 and ITR-2 are invalid even if you are salaried. Intraday equity also needs ITR-3.

No, as long as turnover is under ₹10 crore and you never opted in-and-out of the 44AD presumptive scheme. Losses alone don't trigger an audit.

Intraday equity (no delivery) is speculative business income: losses set off only against speculative gains and carry forward 4 years. F&O losses set off against any income except salary and carry forward 8 years.

Yes, for business income — STT, brokerage, data costs and advisory fees are all deductible trading expenses. Investors (capital gains) cannot deduct STT.