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Microlesson · 5-min read

Period of Carry Forward for Various Losses

# Period of Carry Forward for Various Losses

When a loss cannot be fully set off in the current year, the Income-tax Act allows the assessee to carry it forward to subsequent years for set-off. However, each category of loss has its own rules about:

  • What income it can be set off against in future years, and
  • The maximum number of years for which it can be carried forward.

## Master Table — Carry Forward Rules

Nature of LossSet off against (in subsequent years)Max Period
Unabsorbed DepreciationAny head of income except SalariesIndefinite
Specified Business Loss (Sec 35AD)Profit of ANY specified business (whether or not deduction u/s 35AD was claimed)Indefinite
House Property LossIncome under head House Property only8 Years
Normal Business LossAny income under PGBP (including specified / speculative business)8 Years
Long-Term Capital Loss (LTCL)LTCG only8 Years
Short-Term Capital Loss (STCL)STCG or LTCG8 Years
Speculative Business LossSpeculative business income only4 Years
Loss from Owning & Maintaining Race HorsesIncome from Owning & Maintaining Race Horses only4 Years

## Key Notes

1. No set-off against undisclosed income — Neither current year losses nor unabsorbed depreciation can be set off against undisclosed income detected in search/survey.

2. Casual incomes (lotteries, crossword puzzles, card games, betting, horse race winnings) — Taxable at a flat rate of 30%. No set-off of any loss is allowed against such income.

3. Return filing condition for carry forward — To carry forward losses, the Return of Income must generally be filed on or before the due date u/s 139(1). A return filed claiming loss within the due date is called a Loss Return u/s 139(3).

## Exception — Losses that can be c/f even with a Belated Return

The due-date condition does NOT apply to:

  • House Property Loss
  • Unabsorbed Depreciation

These can be carried forward even if the return is filed after the due date u/s 139(1).

Worked example

### Example 1

Example 1 — LTCL set-off

Mr. A has the following capital transactions in PY 2025-26:

  • LTCL b/f from PY 2024-25: ₹2,00,000
  • Current year STCG: ₹1,50,000
  • Current year LTCG: ₹1,80,000

Can the b/f LTCL be set off against STCG?No. LTCL can only be set off against LTCG.

Set off:

  • LTCL ₹2,00,000 → set off against LTCG ₹1,80,000 → balance LTCL ₹20,000 c/f
  • STCG ₹1,50,000 → fully taxable

### Example 2

Example 2 — Speculative loss

Mr. B has:

  • Speculative business loss (PY 2025-26): ₹5,00,000
  • Normal business profit (PY 2025-26): ₹8,00,000

Can the speculative loss be set off against normal business profit?No. Speculative loss can only be set off against speculative business income (whether current year inter-source or future years).

The ₹5,00,000 loss is carried forward for a maximum of 4 years to be set off only against future speculative business income.

### Example 3

Example 3 — Casual income

Mrs. C wins ₹3,00,000 from a lottery. She has a business loss of ₹1,00,000.

Can the business loss be set off against lottery winnings?No. Lottery winnings are taxed at a flat 30% with no set-off of any loss permitted. The full ₹3,00,000 is taxable @ 30%.

⚠️ Common exam mistakes

  • Confusing the set-off rules — students often set off LTCL against STCG. Remember: LTCL → LTCG ONLY, but STCL → STCG OR LTCG.
  • Allowing set-off of business loss against salary income in carry forward — Brought forward business loss can only be set off against business income, NOT salary.
  • Setting off losses against casual income (lottery/race winnings) — Strictly prohibited; flat 30% applies.
  • Forgetting that unabsorbed depreciation CAN be set off against any head EXCEPT salaries, while normal business loss carried forward cannot be set off against salary at all.
  • Treating House Property loss and Unabsorbed Depreciation like other losses for the due-date rule — they are exceptions and can be c/f even if return is late.
  • Confusing period — Speculative business loss and Race horse loss have only 4 years, not 8.
Bare-Act text Sections 32(2), 71B, 72, 73, 73A, 74, 74A, 139(3) · Income-tax Act, 1961 · click to expand
Carry forward and set off rules — Sec 32(2) Unabsorbed depreciation (indefinite, no salaries); Sec 71B HP loss (8 yrs); Sec 72 Business loss (8 yrs); Sec 73 Speculative loss (4 yrs); Sec 73A Specified business loss u/s 35AD (indefinite); Sec 74 Capital loss (8 yrs); Sec 74A Race horses (4 yrs). Filing of loss return — Sec 139(3) requires return to be filed within due date u/s 139(1) for losses to be carried forward (except HP loss and unabsorbed depreciation).
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