Every portfolio carries losers. Most people treat them as embarrassments to forget. A tax aware investor treats them as an asset with an expiry date. Sell a position that is below its cost, the loss becomes real, and it reduces the tax on gains you have already made. Buy back exposure, and your portfolio barely changes. That is tax loss harvesting. It does not erase tax; it defers it and, done carelessly, it can waste a loss for nothing. Here is how to do it properly under the rules in force in 2026.
Years a capital loss can be carried forward, if you file on time
s74 (1961), s111 (2025 Act)
Tax saved per rupee of short term loss used against short term gains
STCG rate since 23 Jul 2024
Long term equity gains you can realise tax free each year
s112A (1961), s198 (2025 Act)
STT on a sell and rebuy round trip, the main cost of harvesting
0.1% each side, delivery
What is tax loss harvesting?
You sell a holding that is worth less than you paid, so the loss is realised. The realised loss is set off against capital gains in the same year. If you still want the exposure, you buy it back or buy something similar. Your portfolio looks almost the same afterwards. Your tax bill is smaller.
The arithmetic. You have ₹1,50,000 of short term gains this year. A holding bought five months ago is ₹40,000 under water. Without harvesting, tax on the gains at 20% is ₹30,000. Harvest the loss and the taxable short term gain falls to ₹1,10,000: tax ₹22,000. You saved ₹8,000, less roughly ₹300 of STT and charges on selling and rebuying a ₹1.2 lakh position.
The set off rules
- A short term capital loss can be set off against short term or long term capital gains.
- A long term capital loss can be set off only against long term capital gains.
- Unused losses carry forward for 8 years under the same rules, but only if the return for the loss year is filed by the due date.
- The order matters. Losses are set off before the ₹1.25 lakh yearly exemption is applied. A loss used against long term gains that would have been exempt anyway saves nothing.
From tax year 2026-27 these rules sit in the Income-tax Act, 2025, with the carry forward in section 111 in place of section 74. Losses from earlier years carry forward under the saving clause.
The mechanics: how to actually do it
- Find the lossesList holdings below cost, with purchase dates, from your broker's statement.
- Check the yearWhat gains have you already realised, short and long term?
- Sell for deliveryA normal delivery sale realises the loss; intraday does not.
- Rebuy or replaceNext trading day, or a similar holding, to keep exposure.
- ReportSchedule CG of your return, by the due date.
Step 1: identify positions with unrealised losses
Your broker's holdings and capital gains statements show cost, date and unrealised profit or loss for each lot. Note whether each loss is short term (held under 12 months) or long term. Ignore small losses; below a few thousand rupees, STT and charges eat most of the benefit.
Step 2: sell to realise the loss, as a delivery sale
Sell shares you already hold, so they move out of your demat. That is a delivery sale and gives a capital loss. A buy and sell inside the same day without delivery is intraday trading, which is speculative business income with its own rules and does not create a capital loss.
Step 3: rebuy, with care
India has no specific wash sale rule of the kind that disallows a loss when you rebuy the same stock within 30 days. That is a real difference from some other markets. Two cautions keep it clean. First, a sale and a rebuy of the same stock in the same session can get netted in your broker's records and may be treated as intraday, so rebuy on the next trading day. Second, the tax department can question transactions that exist only to create a loss; a genuine sale at market price with normal settlement, documented by contract notes, is what you want.
Many investors prefer to replace rather than rebuy: sell a losing stock and buy a peer in the same sector or an index ETF, which keeps the market exposure without the question.
Step 4: report it in your return
Capital gains and losses go in Schedule CG of ITR-2 or ITR-3, with carried forward losses in Schedule CFL. File by the due date if you want any unused loss to carry forward. The broker's capital gains statement and the AIS should agree with what you report; Module 11.5 shows how to reconcile them.
When to harvest: the calendar approach
- A new year starts
The ₹1.25 lakh exemption resets; last year's unused losses are now carried forward.
- First full review
Most of the year's gains are known. Note losers and their holding periods.
- Harvest window
Sell losers against realised gains, and realise exempt long term gains up to ₹1.25 lakh.
- Year end
Trades must be executed by the last trading session of March to count in the year.
- File on time
A late return loses the right to carry losses forward.
Financial year April to March. Settlement is T+1, so allow for the last trading day and exchange holidays.
March, before the year ends
By March you know your realised gains. That is the moment to match them with losses. Leave a margin before 31 March for holidays and settlement.
December, the mid course review
A December look gives you time to plan without rushing, especially if your portfolio rebalances often and has already realised a lot of short term gains.
Continuous harvesting
Some investors check monthly and harvest whenever a loss is large. It catches losses that would otherwise recover before March, at the cost of more trading.
A threshold rule
Harvest when the tax saved clearly beats the round trip cost. With about 0.25% round trip cost on the position, a loss of ₹5,000 on a ₹1 lakh holding saves ₹1,000 of short term tax for ₹250 of cost. A loss of ₹1,000 on the same holding saves ₹200 for the same ₹250: not worth it.
The holding period trap
Selling and rebuying resets the purchase date. A holding with a loss today might be a long term winner next year; after the rebuy, its clock restarts and any recovery inside 12 months will be short term gain at 20%. For a loss that is small or a stock you expect to hold for years, the reset can cost more than the harvest saves.
Harvesting in systematic portfolios
A rules based portfolio that rebalances often realises gains and losses on its own: every stock that leaves the index is sold, at whatever profit or loss it carries. In RupeeCase's published model records, a name in Allcap stayed a median of 42 days before it left. That means most realised gains in a fast rotation are short term, which is exactly where a short term loss is worth 20%.
Look at the year before the last rebalance in March
Near year end, total up what the year's rebalances have already realised. If the net is a large short term gain, losses sitting in holdings that the rules still want to keep are worth harvesting and rebuying, so the portfolio stays matched to the index while the loss is booked.
Harvest gains too: the ₹1.25 lakh exemption
The exemption is use it or lose it. If your long term gains this year are below ₹1.25 lakh, selling a long held winner and buying it back on the next trading day realises gain tax free and raises your cost for the future. Next time it is sold, the taxable gain is smaller.
Worked example: one year, one portfolio
By early March a portfolio's rebalances have realised ₹1,50,000 of short term gains and ₹1,00,000 of long term gains. Two holdings are below cost: Stock X, bought five months ago, ₹40,000 down; Stock Y, bought 14 months ago, ₹30,000 down. One long held winner, Stock Z, carries ₹60,000 of unrealised long term gain.
Harvest X. The short term loss offsets short term gains: tax on ₹1,10,000 instead of ₹1,50,000. Saving ₹8,000.
Leave Y alone this year. Its long term loss could only offset long term gains, and ₹1,00,000 of long term gain is already inside the exemption. Harvesting Y would waste ₹30,000 of loss for zero tax saved.
Harvest ₹25,000 of Z's gain. Long term gains rise to ₹1,25,000, still fully exempt, and part of Z's cost is reset higher for the future.
Capital gains tax for the year in the example, before cess
- No harvesting₹30,000
- Harvest Y only, long term loss₹30,000
- Harvest X only, short term loss₹22,000
Short term gains at 20%, long term gains 12.5% above ₹1.25 lakh, rules in force in 2026. Illustration, not tax advice.
The traps and limits
Trap 1: selling low, buying back higher
Between your sale and your rebuy, the price can move. If it rises 3% overnight, that move is lost to you. Replacing with a similar holding instead of waiting reduces the gap.
Trap 2: wasting losses inside the exemption
Harvesting a long term loss when your long term gains are already under ₹1.25 lakh uses up the loss for nothing. Carry it forward instead, by simply not selling.
Trap 3: resetting holding periods
Every rebuy restarts the 12 month clock. Harvesting the same stock again and again keeps it permanently short term.
Trap 4: costs
STT is 0.1% on the sale and 0.1% on the rebuy, plus exchange charges, depository charges and GST. On small losses these wipe out the benefit.
Trap 5: intraday is not harvesting
Intraday trades are speculative business income. A speculative loss offsets only speculative gains and carries forward for 4 years. It does not reduce your capital gains tax.
Trap 6: F&O losses are business losses
F&O losses are non speculative business losses. They can offset other income except salary in the same year and carry forward 8 years against business income. They do not belong in Schedule CG and cannot be used as capital losses.
Building a harvesting routine
A monthly scan
Once a month, export holdings with cost, date and unrealised profit or loss. Sort by loss size. Fifteen minutes is enough.
Know which lot you are selling: FIFO
For shares held in demat, the cost and purchase date of a sale follow first in, first out, as set out in CBDT Circular 768 of 2003. You cannot pick a specific higher cost lot to sell. If you bought the same stock in three tranches, the oldest tranche is sold first.
Fit it around rebalances
If your portfolio rebalances on a fixed calendar, do the year end review just before the last March rebalance, so the two do not fight each other.
Keep the records
Contract notes, the broker's capital gains statement and your own log of what you harvested and why. Keep them for at least as long as the losses are being carried forward.
How a terminal could flag harvesting candidates
Any portfolio tool that already knows each lot's cost and purchase date can do the scanning step for you. In principle it would compare the current price with each lot's cost, tag the loss as short or long term from the purchase date, net it against the gains already realised in the year, and flag only the losses large enough to beat the round trip cost and not wasted inside the ₹1.25 lakh exemption. The decision to sell stays with you, because only you know the rest of your tax position.
MythEvery loss is worth harvesting, because a loss always lowers tax.
FactA long term loss can only offset long term gains, and losses are set off before the ₹1.25 lakh exemption. Harvest one when your long term gains are already exempt and it saves nothing.
Common mistakes
- Missing the return due date and losing the carry forward.
- Selling and rebuying in the same session, which can be netted as intraday.
- Harvesting long term losses inside the exemption.
- Assuming you can pick which lot to sell. Demat sales follow FIFO.
- Mixing F&O or intraday losses with capital losses.
How this shows up in RupeeCase
The shares from a RupeeCase index sit in your own demat, so every rebalance sale is your sale, and your broker's capital gains statement reports it lot by lot. The index page shows the cadence and full rebalance record, which tells you in advance roughly how much short term gain a fast rotation like Midcap Smallcap tends to realise compared with a slower index like Nifty 50 Equal Weight. Harvesting itself is your decision, made with your whole tax picture in view.
Questions people ask me
Does India have a wash sale rule?
There is no specific rule that disallows a loss because you bought the same stock back within a set number of days. Rebuying on the next trading day after a genuine delivery sale is the clean way to do it; a same session sell and rebuy can be netted as intraday.
Can a long term capital loss offset short term gains?
No. A long term loss offsets only long term gains. A short term loss can offset either.
What happens to harvested losses I cannot use this year?
They carry forward for 8 years, keeping their short or long term character, as long as you file the return for the loss year by the due date.
What to remember
- Harvesting defers tax; done wrong, it wastes a loss.
- Short term losses offset any capital gain; long term losses only long term gains.
- Losses come off before the ₹1.25 lakh exemption.
- Rebuy on the next trading day, after a genuine delivery sale.
- Demat sales follow FIFO. File on time to carry losses forward 8 years.
Rules and figures in this module were last verified on 12 Oct 2026. Tax and regulatory rules change; check the source before acting.