I am a salaried individual trading listed Gold ETFs (e.g., Gold BeES) as a side activity.
Frequency: ~100 trades per year
Trade size: ~₹1 lakh each
Holding: Strictly delivery-based – BTST or few days to few weeks (no intraday)
No leverage, algo, or full-time trading setup
Primary income: Salary
Will profits from this be treated as Short-Term Capital Gains (STCG) at slab rates (capital gains schedule in ITR-2), or is there risk of reclassification as business income due to frequency/volume?
STCG would be fine as long as you’re not doing any F&O or intraday trades.
If you start doing those in the future, it’s best to just declare everything as business income.
IMO, it’s actually the intent of the trade or investment and the consistency of its classification that determines if the gains are to be treated as business income or capital gains.
I would classify this as business income simply because the intent here is not to hold the ETFs as an investment rather as a stock-in-trade considering the frequency of the trades.
However, if you do choose to classify it capital gains, remember to follow the same classification consistently for all such trades in the future, to avoid scrutiny.