CA
Tax Tutor
A

Imagine you sold some shares and made a loss — can that loss reduce your tax on other profits? That's exactly what Section 74 answers. It governs how capital losses — both short-term and long-term — can be set off and carried forward when they can't be fully absorbed in the same year.

Here's the core rule, and this is where most students slip up: Short-Term Capital Loss (STCL) is the flexible one — it can be set off against any capital gain, whether Short-Term Capital Gain (STCG) or Long-Term Capital Gain (LTCG). But Long-Term Capital Loss (LTCL) is restricted — it can only be set off against LTCG. You cannot use an LTCL to reduce your STCG. Think of it this way: long-term losses stay in the long-term lane. If the loss cannot be fully set off in the current year (because the gains aren't enough), the unabsorbed loss is carried forward for up to 8 Assessment Years immediately following the year of loss. The same restriction applies during carry forward too — LTCL carried forward can only be set off against future LTCG, never against STCG.

One critical condition that exam questions love to test: you must file your Income Tax Return on or before the due date under Section 139(1) to be allowed to carry forward a capital loss. Miss the deadline and you lose the carry-forward benefit permanently — though any unabsorbed depreciation is an exception to this rule (but that's not a capital loss, so don't confuse them). Also remember: capital losses cannot be set off against income under any other head like salary, house property, or business income — they are strictly intra-head or within the capital gains head. This is asked frequently as a 4-mark or 6-mark question in Paper 3, often as a computation problem where they give you mixed STCG, LTCG, STCL, and LTCL and ask you to compute taxable capital gains after set-off and the loss to carry forward.

📊 Worked example

Example 1 — Mixed Gains and Losses in the Same Year

Mr. Arjun has the following capital gains/losses for AY 2025-26:

  • STCG on sale of unlisted shares: ₹1,20,000
  • LTCG on sale of land: ₹80,000
  • STCL on sale of debt mutual funds: ₹50,000
  • LTCL on sale of gold ETF: ₹1,40,000

Step 1 — Set off STCL (₹50,000)

STCL can be set off against STCG or LTCG.

Set off against STCG: ₹1,20,000 − ₹50,000 = ₹70,000 STCG remaining

Step 2 — Set off LTCL (₹1,40,000)

LTCL can only be set off against LTCG.

Available LTCG = ₹80,000

LTCL absorbed: ₹80,000

Unabsorbed LTCL = ₹1,40,000 − ₹80,000 = ₹60,000 (to be carried forward)

Step 3 — Taxable Capital Gains

  • Taxable STCG: ₹70,000
  • Taxable LTCG: ₹Nil
  • LTCL carried forward to next 8 AYs: ₹60,000 (can only be set off against future LTCG)

---

Example 2 — Carry Forward into Next Year

Ms. Priya carries forward ₹60,000 LTCL (from above) into AY 2026-27. In AY 2026-27 she earns:

  • STCG: ₹90,000
  • LTCG: ₹45,000

Can she set off the carried-forward LTCL of ₹60,000 against STCG of ₹90,000?

No. LTCL can only go against LTCG.

Set off: LTCL ₹60,000 vs LTCG ₹45,000 → LTCG wiped out, balance LTCL = ₹15,000 still unabsorbed.

  • Taxable STCG: ₹90,000
  • Taxable LTCG: ₹Nil
  • LTCL still to carry forward: ₹15,000 (remaining carry forward period: 6 more AYs)

⚠️ Common exam mistakes

  • Students set off LTCL against STCG — this is the most common error. LTCL is strictly restricted to LTCG only; it cannot touch STCG under any circumstance.
  • Forgetting the 8-year limit applies from the year of loss, not the year of first carry forward — if the loss arose in AY 2020-21, it expires after AY 2028-29, regardless of how many years you actually used it.
  • Assuming you can carry forward loss even if return is filed late — you cannot. If Mr. Sharma misses the Section 139(1) due date, his capital loss for that year is dead. No carry forward. File on time.
  • Mixing up the set-off order — always do intra-year set-off first (current year losses), and only then bring in brought-forward losses. Don't set off brought-forward LTCL before exhausting the current year's LTCL.
  • Treating losses from exempt LTCG (e.g., old pre-2018 equity LTCG) as eligible for set-off — LTCL arising from a transfer where the gain would have been exempt is NOT allowed as a loss. For example, if LTCG on listed equity was exempt (pre-Section 112A era), the corresponding LTCL also cannot be claimed.
📖 Reference: Section 74 — Income Tax Act 1961
Test yourself
Practice questions on this section, AI-graded with citations.
⚡ Practice now →