Tuesday, November 24, 2009

TAXATION ON DERIVATIVES TRANSACTIONS.

The definition of “Speculative Transaction” in Section 43(5) of Income Tax Act, 1961 has been amended by Finance Act, 2005 with effect from AY 2006-2007 to exclude transaction in derivates from the purview of speculative transaction.
Income from Derivates Transaction will be treated as Business Income and taxed at normal rates as applicable to Individual / HUF. An Individual / HUF should file Return of income in Form ITR-4 if he does derivate transaction along with any other sources of Income.
Further its pertinent to mention that an individual / HUF may be liable to Tax Audit U/s 44AB of Income Tax Act, 1961 if “Assessee carry’s on business where Total Sales / Turnover / Gross Receipts exceeds Rs.40 Lakhs. Therefore if the transaction under derivates transaction exceeds Rs.40 Lakhs then Tax Audit provisions will be applicable.
The above view is given only in respect to Individual / HUF.

2 comments:

  1. Normally, turnover means gross receipts, which is equal to sales - gross billing. However, in the case of derivatives, it is the premium alone which will be taken into account for deciding turnover. Assume that you buy Reliance one lot @ 2100 and sell the same @ 2200. The profit is Rs. 100 multiplied by 150 equal to Rs. 15,000. It is this 15K which will be taken into account for deciding turnover of Rs. 40 lakhs for tax audit purposes.

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  2. Anonymous26.3.10

    My question is that how to calculate the TURNOVER and Profit / Loss figure for the following :---

    1) Option call / put , how to calculate the turnover ? and profit / loss ?

    2) Future trading turnover ?

    3) Future trading Profit/Loss ?

    4) Intraday cash turnover ?

    There is lot of confusion in the calculation of turnover of above mentioned turnover, every CA or TRP says diffrent, if you can explain in details, then this will be relly a good information for all the readers of your blog.

    Thanks in advance

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