Tax audit and turnover in case of intraday and F&O trading

 Intraday Trading: -

Ø  Intraday Trading refers to a single day trading in a stock market.

Ø Traders earn money by buying or selling stocks and derivatives on the same day from price fluctuations at a given point of time during the operation of the stock market.

Ø Every intraday trade needs to be closed by the end of the day even if the desired price has not been achieved.

Ø  The trader does not take the actual delivery of shares.

Ø  Intraday trading is not an investment but more of business-like activity. Hence income from Intraday is considered as Business Income.

Income Head: -

Ø Income from intraday trading is taxable under the head “Profits & Gains from Business or Profession”.

Ø  Profit from Intraday Trading will be considered as Speculative Gain.

Ø  Loss from Intraday Trading will be considered as Speculative Loss.

Types of business income from intraday trade: -

Ø  Speculative income– (Intraday “Equity” Trading): - Profits made from intraday trading of equity shares are classified as speculative income. This is so because those investing in a stock for less than a day are presumably not investing in the company but only keen on speculating its price volatility to turn a profit.

Ø  Non-speculative income- (Intraday “F&O” Trades): - Profits made from intraday or overnight trading of Futures and Options are considered to be non-speculative income. This is so because certain F&O contracts still have a delivery clause whereby the underlying shares/commodities exchange hands between traders on the expiry of contracts.

Computation of income from Intraday Trading: -

Business income from intraday trading must be clubbed with the income from all other sources to arrive at a total income. For instance, if you made profit Rs 1,00,000 from intraday equity trading, Rs 50,000 from intraday F&O trades and Rs 10,00,000 from your salary, then your total income is Rs 11,50,000. The income tax payable by you will be depend upon your tax slab and applicable deductions.

ITR form: -

Intraday Trader has to file his income tax return using Form ITR-3/ITR-4.

Taxation of Intraday Trading: -

Ø Taxpayers (traders) have the option under Income tax to declare the trading profit as per Presumptive provisions u/s 44AD or as per normal provisions.

Ø  In case of Presumptive Provisions: -

·  Declare minimum of 6% of turnover as profit from Intraday, even if the trader has loss in actual.

·   The trader is not required to maintain regular books of accounts under this scheme.

·   Traders having turnover up to 2 crores in a year can opt for the Presumptive Business option.

·      No further deduction for expenses is allowed under Presumptive Business.

·     Tax will be calculated as per the slab rate on total taxable income.

·  Cannot carry forward losses if you treat your income under presumptive business income.

Ø  In case of normal provisions: -

·  The trader can claim deductions for expenses such as Office rent, Telephone Expense, Electricity, Internet Charges, etc, and income so derived after considering these expenses will be the taxable income.

·     Tax will be calculated as per the slab rate on total taxable income.

·    The trader will be required to maintain books of accounts under this system.

Calculation of turnover in case of intraday equity: -

Turnover in the case of Intraday Trading is Absolute Turnover, Absolute Turnover is the sum total of absolute profits and absolute losses made on daily transactions. For Example:

Mr. X buys 1,000 shares of ABC Ltd at Rs.100. He sells the shares at the end of the day at Rs.110. Profit = Rs.10 x 1,000 shares = Rs. 10,000/-

On the next day, he buys 200 shares of PQR Ltd at Rs.300. At the end of the day, he sells the shares at Rs.280.

Loss = Rs. 20 x 200 shares = Rs. 4,000/-

Absolute Turnover = Rs. 10,000+Rs. 4,000 = Rs.14,000/-

Calculation of turnover in case of intraday F&O trades: -

Turnover in the case of Intraday F&O is the total of favourable and unfavourable differences and in case of options premium received on sale of options to be included in turnover. For Instance: -

if you buy 25 units of Nifty futures at 8000 and sell at 7900, Rs.2500 (25 x 100) the negative difference or loss on the trade is turnover.

In options, if you buy 100 Nifty 8200 calls at Rs.20 and sell at Rs.30. Firstly, the favourable difference or profit of Rs 1000 (10 x 100) is the turnover and also premium received on sale of option has to be considered as turnover, which is Rs 30 x 100 = Rs 3000. So total turnover on this option trade = 1000 +3000 = Rs 4000.

Applicability of tax audit: -

Tax audit will be applicable in following cases: -

If profits from intraday is declared u/s 44AD by virtue of section 44AD(4) and profit shown is less than 6.00% and total income exceeds basic exemption limit; {Section 44AB(e) & 44AD(4)}; or

Where turnover during the year exceeds Rs. 10 crores.

Some instances of applicability of tax audit are as under:

Case

Turnover (Rs.)

Section 44AD(4)

Income Shown

Total Income

Tax Audit

1.

75 Lakh

Not Applicable

Below 6.00%

Above Exemption Limit

Not required

2.

75 Lakh

Applicable

Below 6.00%

Above Exemption Limit

Required

3.

75 Lakh

Applicable

Below 6.00%

Below Exemption Limit

Not Required

4.

75 Lakh

Applicable

Above 6.00%

Above Exemption Limit

Not Required

5.

125 Lakh

Applicable

Below 6.00%

Above Exemption Limit

Required

6.

125 Lakh

Applicable

Above 6.00%

Above Exemption Limit

Not Required

7.

125 Lakh

Not Applicable

Irrelevant

Irrelevant

Required

However, if cash receipts and payments below 5% then not required.

8.

300 Lakh

Not applicable since turnover exceeds Rs. 2 Cr

Irrelevant

Irrelevant

Required

However, if cash receipts and payments below 5% then not required.

9.

1100 Lakh

Not applicable since turnover exceeds Rs. 2 Cr

Irrelevant

Irrelevant

Required


Carry forward and set off of intraday trading loss: -

Speculative Loss can be carried forward for 4 years. It can be set-off against Speculative Income only. However, to enjoy carry forward of losses, you need to file the income tax return before the due date. Non-Speculative Loss can be carried forward for 8 years.


Prepared by,
CA Aakash Gupta

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