NISM-Series-VIII: Equity Derivatives

Chapter 9: Accounting and Taxation

Authored by Divanshu Kapoor


9.1 Accounting for Derivatives 📚

Accounting for derivatives primarily revolves around the concept of Mark-to-Market (MTM). Since derivatives are contracts with future value, their daily profits or losses must be reflected in the books of accounts to show their true value. This is a continuous process throughout the life of the contract.

  • For Futures Contracts:
    • There is no premium paid or received upfront.
    • Only margin money is deposited with the broker to cover potential losses.
    • Daily MTM settlement entries are passed in the books. For example, if a futures position gains ₹2,000, it is a profit credited. If it loses ₹1,500, it is a loss debited.
  • For Options Contracts:
    • The option buyer pays the premium upfront, which is recorded as a cost.
    • The option seller (writer) receives the premium upfront, which is recorded as income.
    • At expiry or exercise, the final settlement is based on the intrinsic value and is adjusted accordingly in the books.

9.2 Disclosure Requirements 📄

As per the Companies Act and Indian Accounting Standards (AS/Ind-AS), companies that deal in derivatives must disclose several key pieces of information in their financial statements. This is to ensure transparency and proper risk reporting.

  • Open Derivative Positions: The details of all outstanding contracts.
  • MTM Value: The current mark-to-market value of all derivatives.
  • Risk Management Policies: The company's policies and strategies for managing the risks associated with derivatives.

9.3 Taxation of Derivatives in India 💰

The tax treatment of derivatives is a critical topic. The Income Tax Act, 1961, has specific provisions for futures and options (F&O) transactions on recognized stock exchanges.

  • Non-Speculative Business Income: Under Section 43(5) of the Income Tax Act, profits and losses from F&O trading on a recognized exchange are treated as non-speculative business income. This is a very important distinction. It means that losses from F&O trading can be set off against any other non-speculative business income (but not against salary income).

9.4 Turnover Calculation for F&O 📊

For the purpose of an income tax audit, the 'turnover' in F&O is calculated differently from regular sales. An audit is mandatory if a taxpayer's turnover exceeds the threshold (₹1 crore or ₹10 crore if less than 5% of receipts and payments are in cash). The turnover for F&O is calculated as the absolute value of profits and losses.

  • Components of Turnover:
    • The total of all favorable (positive) and unfavorable (negative) differences on settlement of futures.
    • The premium received on selling options.
    • The difference on settlement of options.
  • Example: If a trader has a profit of ₹50,000 and a loss of ₹30,000, the turnover is the sum of the absolute values: |₹50,000| + |₹30,000| = ₹80,000.

9.5 GST on Derivatives 💵

The Goods and Services Tax (GST) is not applicable to the trading of securities themselves. However, it is levied on the services provided by the broker and other intermediaries.

  • GST on:
    • Brokerage charges
    • Transaction charges (e.g., exchange fees, clearing fees)
  • No GST on:
    • Option premium
    • Futures profits
    • MTM settlements

Authored with ❤️ by Divanshu Kapoor. Follow me on LinkedIn for more content.