May 19, 2025

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Presumptive Taxation for Freelancers and Small Businesses: A Guide to Sections 44ADA & 44AD

Presumptive Taxation for Freelancers and Small Businesses: A Guide to Sections 44ADA & 44AD

3

min read

Sections 44ADA & 44AD
Sections 44ADA & 44AD
Sections 44ADA & 44AD

Navigating tax compliance can be daunting for freelancers and small business owners. Fortunately, India's Income Tax Act offers simplified schemes under Sections 44ADA and 44AD, designed to ease the tax burden for professionals and small enterprises. Let's delve into these provisions to understand how they can benefit you.

Understanding Presumptive Taxation

Presumptive taxation allows eligible taxpayers to declare income at a prescribed rate, eliminating the need for detailed bookkeeping and audits. This approach simplifies tax compliance, especially for those with straightforward financial operations.

Section 44ADA: For Professionals and Freelancers

Who Can Opt?

Section 44ADA is tailored for resident individuals and partnership firms (excluding LLPs) engaged in specified professions, including:

  • Legal professionals (lawyers, advocates)

  • Medical practitioners (doctors, dentists)

  • Engineers and architects

  • Accountants and tax consultants

  • Technical consultants

  • Interior decorators

  • Other professions notified by the CBDT

Eligibility Criteria

  • Gross Receipts Limit: Up to ?50 lakh in a financial year.

  • Digital Transactions: If at least 95% of receipts are through digital means, the limit extends to ?75 lakh.

Tax Computation

Under this scheme, 50% of the gross receipts are deemed as taxable income. For instance, if a freelance consultant earns ?40 lakh in a year, ?20 lakh is considered taxable income, simplifying the tax calculation process .

Compliance Benefits

  • No Requirement: To maintain detailed books of accounts.

  • No Audit: Unless income declared is less than 50% of gross receipts and exceeds the basic exemption limit.

  • ITR Form: File returns using ITR-4.

Section 44AD: For Small Businesses

Who Can Opt?

Section 44AD applies to resident individuals, Hindu Undivided Families (HUFs), and partnership firms (excluding LLPs) engaged in eligible businesses, such as:

  • Retail traders

  • Wholesalers

  • Manufacturers

  • Service providers (excluding those covered under Section 44ADA)

Eligibility Criteria

  • Turnover Limit: Up to ?2 crore in a financial year.

  • Digital Transactions: If at least 95% of receipts are digital, the limit extends to ?3 crore.

Tax Computation

  • Cash Transactions: 8% of total turnover is deemed as taxable income.

  • Digital Transactions: 6% of total turnover is deemed as taxable income.

For example, a small retailer with ?1.5 crore in digital receipts would declare ?9 lakh (6% of ?1.5 crore) as taxable income .

Compliance Benefits

  • No Requirement: To maintain detailed books of accounts.

  • No Audit: Unless income declared is less than the presumptive rate and exceeds the basic exemption limit.

  • ITR Form: File returns using ITR-4.

Key Differences Between Sections 44ADA and 44AD

Aspect

Section 44ADA

Section 44AD

Applicable To

Specified professionals

Small businesses

Turnover/Gross Receipts Limit

?50 lakh (?75 lakh with 95% digital receipts)

?2 crore (?3 crore with 95% digital receipts)

Presumptive Income Rate

50% of gross receipts

6% (digital) or 8% (cash) of turnover

Eligible Entities

Individuals, Partnership firms (excluding LLPs)

Individuals, HUFs, Partnership firms (excluding LLPs)

Considerations Before Opting

  • Advance Tax: If your tax liability exceeds ?10,000 in a financial year, advance tax payments are required.

  • Deductions: Under presumptive taxation, you cannot claim deductions for business expenses. However, deductions under Chapter VI-A (e.g., Sections 80C, 80D) are still available.

  • Five-Year Rule: Once you opt out of the presumptive scheme, you cannot re-enter it for the next five years.

Presumptive Taxation for Freelancers and Small Businesses: A Guide to Sections 44ADA & 44AD

TDS on Partners Salary

Presumptive Taxation for Freelancers and Small Businesses: A Guide to Sections 44ADA & 44AD

TDS on Partners Salary

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