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Profits from F&O Trading May Be Categorized as Speculative Income in Union Budget 2024

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F&O trading involves derivative instruments based on an underlying asset, such as equity shares, commodities, or currencies.

A recent report suggests that the government is considering reclassifying profits from futures and options (F&O) trading from ‘business income’ to ‘speculative income’ in the Union Budget 2024-25. This potential change aims to discourage retail participation in the F&O segment by increasing the tax burden on such transactions.

Implications of Reclassification

Rajarshi Dasgupta, Executive Director at AQUILAW, stated that this move could significantly impact retail investors. “Reclassifying F&O transactions as ‘speculative income’ would lead to higher tax payments, reducing the net margin for traders,” Dasgupta explained.

Prashanth Shivadass, Partner at Shivadass & Shivadass Law Chambers, echoed similar sentiments, emphasizing the speculative nature of F&O trading. “F&O trading involves transacting on the future price of a stock at a predetermined price, similar to other speculative activities like lotteries,” Shivadass noted.

Understanding F&O Trading

F&O trading involves derivative instruments based on an underlying asset, such as equity shares, commodities, or currencies. Currently, income or loss from F&O trading is categorized as non-speculative business income under the Income Tax Act. This classification allows traders to offset F&O profits with losses from other business activities, and vice versa.

Government Concerns

According to a report by the Financial Express, the government and regulators have been concerned about the rising retail participation in the derivatives market. There are fears that a market correction could lead to significant losses for retail investors, negatively impacting overall market sentiment.

Potential Tax Impact

If F&O transactions are treated as speculative income, they would be subject to a flat 30% income tax rate, plus an additional 4% cess. This is a stark contrast to the current tax regime, where income is taxed at varying rates of 5%, 20%, or 30% depending on income slabs. Additionally, Tax Deducted at Source (TDS) would apply, and profits from F&O transactions could only be offset against F&O losses.

Conclusion

Dasgupta concluded that this reclassification would lead to larger tax payouts and reduced margins for F&O traders if introduced in the 2024-25 Budget. The move is seen as a bold step to regulate retail participation in the high-risk F&O segment, ensuring better market stability.

Stay tuned for updates as the Union Budget 2024-25 unfolds and the government’s stance on F&O trading becomes clearer.

Also Read: Budget 2024: Anticipated Income Tax Cuts to Stimulate Consumption

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