Can STCG on ESPP be set off against STCL

Hi, As I understand from one of the answer for ESPP query : "if it a short term gain, whole gains would be taxable as per your tax slab rates."

Is this STCG from ESPP (from a US listed company) can be set off against ST-Capital Losses from equities (listed in Indian company)?

Thanks in advance.

asked Jan 24 '15 at 12:34 by Sej2411 16349


Short-term capital loss can be adjusted against long-term capital gains as well as short-term capital gains, even if one is Indian listed company and other is foreign entity.

answered Jan 25 '15 at 09:49 by Pankaj Batra 5.2k320

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My company has deducted TDS on discounted (15%) ESPP also on the profit we got based on stock price at the time of allocation of the stocks. (Of-course, I sold them almost at allocation price.) I have loss in equities, how to set-off this Loss against the Profit in ESPP and claim Refund, as TDS is already deducted? Where should I mention this in ITR?
(Aug 03 '15 at 16:06) Sej2411
You need to file using ITR2 and in that you can show capital loss.
(Aug 04 '15 at 07:01) Pankaj Batra
Sorry, I have to ask it again: My company has shown ESPP-profit as perquisite in Form-12BA as "Total value of profits in lieu of salary as per section 17(3)". Now this component should I show in "Schedule S" or in "Schedule CG". If I have to show in In "Schedule CG" I couldn't figure out where to put this, as "STT" is not paid (Listed in NASDAQ) on this. If I show in "Schedule S", I don't see that my Loss is not set-off against Profit from ESPP. Thanks in advance.
(Aug 07 '15 at 18:31) Sej2411
You can use A5 in CG sheet - From sale of assets other than at A1 or A2 or A3 or A4
(Aug 15 '15 at 07:01) Pankaj Batra

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Asked: Jan 24 '15 at 12:34

Seen: 1,977 times

Last updated: Aug 15 '15 at 07:01