Tax Planning: Traders in derivative Segment

Taxes can eat into your annual earnings. To counter this, tax planning is a legitimate way of reducing your tax liabilities in any given financial year. The definition of tax planning is quite simple. It is the analysis of one’s financial situation from the tax efficiency point of view.

Tax planning is a focal part of financial planning. It ensures savings on taxes while simultaneously conforming to the legal obligations and requirements of the Income Tax Act, 1961. The primary concept of tax planning is to save money and mitigate one’s tax burden.

Couple of years back, I had written a post on how to convert FNO profit to STCG. Few of the members here actually used it and also sent me a DM. Here is the link in case you have missed it.

The response that I got motivated me to share another such idea which I personally use.

I am primarily an option seller in equity derivative segment. Before the recent changes on the taxation of debt funds where the indexation benefit was revoked, I used to buy debt funds and then pledge them to meet the margin requirements. My cash component included funds like money market, liquid, gilt, SGB and liquidbees. Also non cash component was mainly covered by the pledge of PSU banking, corporate bonds and credit risk funds. Debt funds under non cash category usually gives a return of 7 percent per annum. After the recent amendment, I had to reconsider buying debt funds at least in non cash category, since at the time of redemption the gains would be taxed as STCG. I have now developed a strategy which beats the mark of 7% return for non cash category.

The strategy shall hold good only if you meet the below mentioned assumption.

  1. Trade in derivatives which requires margin. I.e. Futures or short on options.
  2. Currently buying debt funds and then pledging them to meet margin requirements.
  3. Generating profits on annual basis and is subject to a minimum of 30 percent tax rate.
  4. Account size is more than the value of 2 lots of nifty. I.e. for the current level of nifty of 19000, the value of the account should be at least 19 lakhs.
  5. Nifty gives an annual return of 10percent.

Strategy: For a capital of 100 lakhs considering nifty level of 19000.

Impact of the strategy: Even though Nifty and nifty futures are supposed to move with a correlation of 1, there is a small difference in the form of premium because of the time value. Assuming after a year this arrangement is closed, this is how the returns look like. Difference between these two is our return.

Limitations:

  1. I have tried to be as conservative as possible. But then assumption of 10 percent return may not hold good for certain years. But over a period of time it should work.
  2. Nifty futures may trade at discount sometimes.
  3. If the timing of implementing this strategy is not right and nifty takes a temporary dip, the collateral margin reduces. This wouldn’t have been the case if debt funds were bought as usually capital value doesn’t come down. This will eventually nullify over the years once nifty outperforms debt funds.

Conclusion:

I have tried to cover everything as much as possible and keep it simple. But there is every chance that I have missed out something. Please feel free to give out our observations, so that I can optimise my strategy. I have been personally using this for over a year even before the tax amendments. But after such amendments, the gap in returns have widened.

Edit: Added limitation number 3 as noted by @Chetan_Nahata

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Hi @Jason_Castelino,

In my experience, such arbitrage opportunities hardly exist anymore or exist in blips and cannot be profited from consistently over a long period of time. Even you posting it here - might have reduced the potential a bit. But in this particular case, the consideration for “cost of rollover” of mere Rs. 20k is a gross underestimation -

The monthly rollover cost for NIFTY is anywhere between 0.15% to 0.25%. And hence for 1 quarter it will be between 0.45% to 0.75%. (The numbers checks out comparing July and Sept NIFTY FUT - 2 months). Even if you rollover only four times a year the cost of rollover will come around 1.8% to 3.0% cutting deeply into your profits. Note, that this is even before the actual consideration for bid/ask slippage ~ 10 Rs for far expiry and charges of ~ Rs. 175 for 1 lot.

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I appreciate you taking your time to read the post and give your feedback.

I totally agree that arbitrage opportunities do not exist. Theoretically future price should be spot price plus risk free interest reduced by divided. (Too lazy to type it as a formula :sweat_smile:). If there is any deviation from this value, there exists an arbitrage opportunity. Even if there is a small opportunity, the transaction cost will rule it out.

The additional return that I am getting is mainly because I am reducing my Fno profit which is taxed at 30 percent and increasing my LTCG by the same amount which is taxed at 10 percent. There is a clear tax savings of 20 percent.
If you see in my assumption I have taken nifty return of 10 percent per annum. If I multiply this 10 with tax saving of 20 percent, I get 2 percent. This is the exact savings I got in my calculation.

Not sure if I am getting your calculation right. From the brokerage calculator this cost comes around 1000 per rollover. For 4 quarters it’s 4000. I have considered slippages of 10 points everytime. That makes it 40 points in a year for 250 qty. that’s 10k. I have been conservative to take 20k.
Usually the slippages are not even so much if you go for basket orders. Even if you say the slippages is more for far expiry futures, even then I do not think the total cost will be more than 50k.
Ah. Small reduction in my total savings. :cold_sweat:

One more thing to be noted here is I would never be selling niftybees. I will not even have LTCG. So my tax liability is delayed for a very long time. But since futures are booked every 3 months, loss will be booked which is set off against my other profits in Fno segment. For exact calculations I will also have to calculate interest on this tax amount which is delayed.

So if Nifty keeps going above 100pts a month, the futures will be in loss. Even though you have niftybees (similar to covered call strategy) you dont sell it. Wont you end up with booked loss and un-realized profits?

after reading this I thought the same during bull runs the booked losses won’t make it worth it and during bear runs the decrease in the value of the margin would cause trouble and I would ask myself is it all worth it for an additional 2%.
Nevertheless an interesting approach @Jason_Castelino

That’s exactly what I want. Booked loss reduces my tax.
Unrealised gains are not taxable.

Though I have given an example of booking after one year, practically I may not even sell it for 10 years. I believe nifty will give a CAGR of 10 percent.
But let’s say the situation of Japan repeats in India and we get negative returns, then this fails.

2 percent is a lot man. People take high risk to get additional 2 percent. People invest in risky bonds to get extra 2 percent.
On 1cr, 2percent is 2lakhs. Money market instruments are even quoted for 4 decimals. That’s how much difference it makes.

so the plan is to offset this loss against the profits made in other FnO trades and reduce total tax burden. Meanwhile the Niftybees will appreciate parallelly !

i might have to sit with a calm mind and brainstorm if its actually that efficient.

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Yeahhhh. Thats the exact gain I am getting. As mentioned above arbitrage isn’t possible. So I am just getting a way around tax rates for difference sources of income.

Let me know your observations.

On second reading, I kinda agree on this. If market goes down 20 percent soon after we take the trade, then collateral margin reduces.
What I personally did was I bought bees at 15500 when Russia Ukraine War started. I always wait for nifty to correct before I implement this. I actually got very good loss in Fno segment because of this. My portfolio is dark green.

I shall edit the original post and add this as a limitation. Thank you for pointing it out.

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totally agree. even improving your total ROI by 2% every year is a big boy stuff.

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  1. 5 lot of future short will reduce margin by 20% eg . 5*1.5=7.5 lakh so effectively you will have to consiter it as haircut.
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Ah. I will have to recalculate now. Thanks for pointing it out. Missed it. 1.2 lakhs per lot right. So around 6lakhs of margin is lost. :smiling_face_with_tear::smiling_face_with_tear:
This may nullify all the gain I was expecting. :face_with_hand_over_mouth::face_with_hand_over_mouth::face_with_hand_over_mouth:

For me personally it works because I sell cash secured puts. So short futures come with little margin. But yes, it may not work for most of them as I initially thought.

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This works only with stocks having high premiums , https://www.topstockresearch.com/FnO/futures/FutureHighestPremiumNextMonthExpiryDate.html

Some stocks trade goid premiums before 1 or 2 weeks of expiry.

But you have to execute with algos also cost is high so may not worth the efforts.

That’s how I book profits on my equity holdings. I don’t really sell it from my holdings.

Example: If I have ITC and I wanna book profit at 450, I always sell in futures and sell a lower level put. Say 430. If put comes in the money I close futures and options positions. So I am back with the stock. If it’s goes up further, I am happy to have unrealised profit in portfolio and book loss in futures. Only with blue chip stocks where I am okay to re enter with lower levels.

After this new rule of indexation went away , only Arbitrage funds has some benefits with taxation.

I am just putting my money there or equity, debt i blocked everything before 30th march so , no more debt now.I will enjoy indexation for the rest of my life unless something happens :stuck_out_tongue:

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I get it. You are trying to book loss with FUTURE’s leg. But I am saying even if everything works exactly the way you want it to - The cost of doing it will negate/nullify/make immaterial the purpose of doing it.

So in your case - Your aim is to have loss in FUTUREs leg. Taking you best case scenario - Let’s assume NIFTY is at 19000 and 1 year down the line it rises by 10%. You have got 1900 points in FUTURE leg loss and 1900 gains in NIFTY BEES- theoretically. But in reality, if you consider the cost of doing it (premium) which with your own calculation is 300 per quarter -

So effectively the losses on future leg you have accrued is not 1900 points but mere 700 points (1900 - 4x300).

NIFTY BEES Gains = 1900x50x5 = Rs. 475000
Effective LTCG on NIFTY BEES (1 Year) = 0.1 x 475000 = Rs. 47500

FUTURE Losses = 700x50x5 = Rs. 175000
Business Income Tax on FUTURE = 175000 * 0.3 = Rs. 52500 (Because it is a set-off from other FUTURE gains)

So even in best case scenario your extra losses are just Rs. 5000. Even if you book it 10 years down the line the effective tax gains by the exercise for this year is only Rs. 5000.

However, the worst case scenarios can nullify this trade plan -

  1. NIFTY can fall drastically and instead of giving you losses, you end up in profit from tax point of view paying 30% additionally.
  2. There will be months when the premium will turn into discount - and it will happen around the same time when there is an impending crisis. And the real problem in that case will be the margin call (since you have pledged NIFTYBEES) making you get out of the FUTURE leg as well.

That’s why the general rule where arbitrage like that is involved -

The cost of doing it will negate/nullify/make immaterial the purpose of doing it.

And while we are on the topic here is an interesting anecdote, something similar is what Renaissance Tech did for almost 10 years. They made specially designed options for them called basket options (possible in US) and deferred taxes from short term to long term. However, IRS challenged it and the last I heard they ended up paying ~7 billion in fines (highest in history) - Hedge Fund Renaissance Technologies Execs Reportedly Pledge Massive $7 Billion Tax Settlement

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To save the tax burden there is one more approach.

Convert your hobby or passion into a business pvt. ltd. If that business is loss making, that can reduce the tax burden.
If the new business is profitable - then its an asset in the making.

It should be a win-win

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I see what you are doing @Jason_Castelino , but my whole approach to Options trading is different. And even otherwise, as a rule I dont like to devise this or any other business plan with a primary motive of saving tax - that usually detracts from the main objective.

Oh I missed this point thnx @Jason_Castelino

Ahh didn’t see it this way. My fault.

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