Hiral Vakil
The presumptive taxation scheme was introduced by the Income Tax Act, 1961 to give relief to small taxpayers from the tedious job of maintaining books of account and from getting the accounts audited. Generally, a person who receives income from a business or profession maintains books of accounts and prepares a balance sheet to understand the financial position of their business or profession over the financial year.
Any individuals, HUF, or partnership firms who avail presumptive taxation scheme can declare income at a predefined rate. Thus, they need not go through the cumbersome task of maintaining books of accounts and audit. Following are the presumptive taxation schemes available to small taxpayers as per Income Tax Act:
This scheme is designed to give relief to small taxpayers engaged in any business from maintaining any books of accounts. However, it does not include the business of plying, hiring or leasing of goods carriages referred to in section 44AE. Further, the Income Tax Provisions for maintaining books of accounts under Section 44AA & Audit under Section 44AB will not apply. The following assessees can avail Presumptive taxation under section 44AD:
Non-Resident Indians (NRI) can not avail of the benefit of this scheme. Also, a person who has made any claim towards deduction under section 10A/10AA/10B/10BA or under section 80HH to 80RRB in the relevant year is not eligible for this scheme.
Earlier professionals were kept out of presumptive taxation scheme. However, in budget 2016 the government has extended a presumptive taxation scheme to the professionals too. Hence, professionals can also opt for presumptive taxation under section 44ADA. This benefit is available from FY 2016-17 onwards.
An assessee in a specified profession having gross receipts up to INR 50 lacs, can opt for Presumptive Taxation under Section 44ADA. It saves them from the burden of maintaining books of accounts and go for tax audit as per Section 44AB.
The scheme of section 44AE is designed to give relief to small taxpayers engaged in the business of plying, hiring or leasing of goods carriages.
Round off part of a month to the next month. For instance, if you have owned a goods carriage for 7 months and 5 days, the net income shall be calculated as if the carriage was owned for 8 months.
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Yes. With effect from the Financial year 2016-17, any professional be it a doctor or a chartered accountant or a lawyer can opt for Presumptive taxation scheme u/s 44ADA. However, the only condition is that the income from such a profession should not exceed INR 50 lacs and profits will be taken as 50% of such professional receipts.
The scheme of section 44AD is designed to give relief to small taxpayers engaged in any business, except the following businesses:
1. Business of plying, hiring or leasing goods carriages as per Section 44AE.
2. A person who is carrying on any agency business.
3. A person who is earning income in the nature of commission or brokerage
4. Any business whose total turnover or gross receipts exceeds two crore rupees.
Hi @Sankar123,
Following are the benefits of filing under 44ADA:
However, as per section 44ADA, a taxpayer needs to show a minimum 50% of gross receipt or a higher amount claimed to have been earned as income while opting for 44ADA.
Hope this helps
Sec 44ada professional income it return filed person gross receipts rs:15 lacs and rebate sec80c lic premium pay amount rs:50000/- in f.y.20-21
Question:
Assess it return filed benefit for new or old scheme in it act.
Hey @Sundaraiah_Kollipara, you can find out whether you would be benefitting using the old tax regime or the new one using the income tax calculator:
Hi @Akila_S, in case you have a presumptive income along with capital gains you will need to file ITR-3. With Quicko, you don’t have to worry about choosing an ITR, our engines will help you choose what suits you best.
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Hi @Sudipta_Guru , it is required that you show minimum 6% of turnover. If you earn profits higher than 6% of your turnover you will have to show that profit. You can read up more on how to accommodate your profits under Section 44AD in the following article. Will be happy to help if you face any further hurdles.
(1) When should one go for 44 AD and when to go for 44 ADA ?
(2) Why shouldn’t a normal professional having income upto 50 Lakh, file taxes under 44 AD (where taxable income will be 6% = 3 Lakh) rather than opting for 44 ADA (50% of gross receipts will be taxable = 25 lakh) ?
Hey @ashish_shah
44AD - can be opted in case of business income…, whereas (Profit: 6 or 8%)
44ADA - can be opted in case of professional income. (Profit: 50%)
Depending upon whether profits/gains is from Business or Profession 44AD or 44ADA will be applicable respectively.
Hope this helps.
@vinith.r
Let’s say, if a person is freelancing and his income is say 50 Lakh.
Will such income be considered business income or professional income?
@ashish_shah
Freelancers can opt for Presumptive taxation scheme under Section 44ADA.
Feel free to ask if you need any further help.
Cheers!
@vinith.r what if a freelancer forms a proprietorship?
can then he skip 44ADA and use 44AD?