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CAN PROFIT IN STOCK(DERIVATIVE) US MKT BE OFFSET WITHC/F LOSSES IN DERIVATIVE INDIAN MKT, Income Tax

Issue Id: - 3590
Dated: 24-11-2011
By:- satinder chadha

CAN PROFIT IN STOCK(DERIVATIVE) US MKT BE OFFSET WITHC/F LOSSES IN DERIVATIVE INDIAN MKT


  • Contents

X is an Indian  proprietary concern which has c/f losses in Indian derivative market .  X trades in United States derivative market as an individual and has profits. Can X offset his proprietary concern derivative losses with profits from individual account in derivative trading in USA?

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Showing Replies 1 to 2 of 2 Records

Page: 1


1 Dated: 3-12-2011
By:- Deepak Nagori

Dear Satinder,

Income tax Act does not make any distinction for profits / losses in India or in foreign countries for residents. So assuming X is a resident, he can offset the losses in India from profit in foreign country. Also derivative transactions are not speculative transactions u/s 43(5). Hence b/f losses upto 8 years before are eligible for set off against the foreign profits.

Regards

CA Deepak Nagori


2 Dated: 4-12-2011
By:- satinder chadha

Thank you sir.I am overwhelmed by  the pain you have taken to answer the question.Thank you sir  once again.


Page: 1

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