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Direct Taxation

In this q, is it Correct if I set off 50,000 loss from house property against capital gains? It’ll be more beneficial as the tax burden is reduced .then remaining 1.5 lakh I set off against salaries ..

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SANSKRITI BADRI 2111339

SANSKRITI BADRI 2111339

CA Final

4K+

03-Apr-23 21:48

647

Answers (17)

Even if you set it off like you said, the total income wouldn't change, therefore there will be no difference in tax liability. Because total income will be allocated towards flate rates first before normal slab rates ( 1st Casual income-30% then LTCG/STCG then normal rates)


Abishek M

Abishek M

CA Final

11K+

03-Apr-23 23:07

Abishek M

Even if you set it off like you said, the total income wouldn't change, therefore there will be no difference in tax liability. Because total income will be allocated towards flate rates first before normal slab rates ( 1st Casual income-30% then LTCG/STCG then normal rates)

Also with my solution, there’s no capita gains .. so it can’t be taxed at a separate rate .. that also causes a difference in tax liability


Thread Starter

SANSKRITI BADRI 2111339

SANSKRITI BADRI 2111339

CA Final

4K+

04-Apr-23 07:56

Yes even i have seen in one of the questions where the answer suggested to set it off with capital gains to reduce the burden. Unfortunately i couldn't remember which mtp it is.But yes you can set it off since it is allowable tj be set off with any other income.


Anirudh gupta

Anirudh gupta

CA Inter

27K+

04-Apr-23 13:11

Thread Starter

SANSKRITI BADRI 2111339

Also with my solution, there’s no capita gains .. so it can’t be taxed at a separate rate .. that also causes a difference in tax liability

In this prob the tax liability will be Total income= 115000 1)Tax on Casual income first= 45000x30% = 13500 Remaining balance in Total inc= 70000 2)LTCG= 70000x20% = 14000 3) normal slab rate 0 Total tax= 27500+ cess Even if you set off cg or not, from the total income the flat rate incomes will be taxed first.


Abishek M

Abishek M

CA Final

11K+

04-Apr-23 14:02

Abishek M

Total income is 95000 Therefore LTCG is 50000x 20% 10000 Total tax will be 23500+ cess My bad I took GTI as TI, but hope u got my logic

Yes I did .. so ultimately it won’t matter right ..?


Thread Starter

SANSKRITI BADRI 2111339

SANSKRITI BADRI 2111339

CA Final

4K+

05-Apr-23 11:18

Set-off is done to give the least tax - most beneficial to assessee.


CA Suraj Lakhotia

CA Suraj Lakhotia

Admin

05-Apr-23 11:32

CA Suraj Lakhotia Admin

Set-off is done to give the least tax - most beneficial to assessee.

Sir so if there’s nil capital gains it’ll be most beneficial for the assessee?


Thread Starter

SANSKRITI BADRI 2111339

SANSKRITI BADRI 2111339

CA Final

4K+

05-Apr-23 11:47

Thread Starter

SANSKRITI BADRI 2111339

Sir so if there’s nil capital gains it’ll be most beneficial for the assessee?

But in solution they have not done that


Thread Starter

SANSKRITI BADRI 2111339

SANSKRITI BADRI 2111339

CA Final

4K+

05-Apr-23 11:47

Thread Starter

SANSKRITI BADRI 2111339

But in solution they have not done that

Can we set off other losses against Long Term Capital Gains?


CA Suraj Lakhotia

CA Suraj Lakhotia

Admin

05-Apr-23 12:08

CA Suraj Lakhotia Admin

Can we set off other losses against Long Term Capital Gains?

Sir but income from house property is. A free loss .. can’t we set it off against capital gains


Thread Starter

SANSKRITI BADRI 2111339

SANSKRITI BADRI 2111339

CA Final

4K+

05-Apr-23 17:39

Thread Starter

SANSKRITI BADRI 2111339

Sir but income from house property is. A free loss .. can’t we set it off against capital gains

You can. But can we set off any loss other than house property against salaries


Sudha Reddy

Sudha Reddy

CA Final

20K+

06-Apr-23 10:41

Yes you can do that. However, it’s a general practice that HP loss is set off with salaries. But your interpretation is also very much right 👍👍


Shiva Teja

Shiva Teja

Faculty

06-Apr-23 13:06

Shiva Teja Faculty

Yes you can do that. However, it’s a general practice that HP loss is set off with salaries. But your interpretation is also very much right 👍👍

Sir, since the total income doesn't change, will there be any change in tax liability ( if we completely set off against CG vs if we set off against salary)?


Abishek M

Abishek M

CA Final

11K+

06-Apr-23 13:10

Capital gains are taxed at flat rate. So accordingly you need to decide


CA Suraj Lakhotia

CA Suraj Lakhotia

Admin

06-Apr-23 13:12

Thank u all for ur responses .. I’m clear now


Thread Starter

SANSKRITI BADRI 2111339

SANSKRITI BADRI 2111339

CA Final

4K+

06-Apr-23 14:03

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