have income from F&O and filing returns under presumptive taxation (44AD) from last AY. As turnover is less than 2 crore and all transactions are digital (though broker application), for filing the return,considering the broker statement turnover and declaring 6% as business income. No tax audit is done.Please confirm this can be continued.
In addition to the business income (as calculated above, section 44AD), interest income, dividend income, there is swing trade profits which are declared as short term capital gain and more than one year equity trades declared as long term capital gain. This is to clarify that short term capital gains need not be clubbed with business income and continue to shown under head Capital gain (irrespective of the volume/number of short term trades). Please confirm
In addition to F&O income, from next year if the assessee start intraday trading, then do have to add the intraday turn over also with F&O turn over and declare 6% of combined turn over as business income ? Or should declare intraday actual income/loss under head Speculation and show only F&O income (by declaring 6% of only F&O turn over) as business and Profession income ? To be specific, is it always required to club both intraday and F&O turnover and calculate 6% under presumptive taxation (44AD) or can only consider F&O turnover under 44AD and shown intraday profit/loss as speculative income/loss ?
Yes, STCG need not be clubbed with business income, as only intraday and FnO transactions are considered as income from business & profession u/s 43(5) of the Income Tax Act.
Hereās a read on Income Tax on Trading - Learn by Quicko for your reference.
If the assessee starts intraday trading as well along with FnO trading, then the treatment for both shall be the same as both of them are trading business. Under presumptive taxation scheme, no losses can be claimed, as profit is reported as 6% of the turnover.
Yes, you can opt for presumptive scheme of taxation if you are satisfying all other conditions even if you have foreign income and you report foreign assets in the ITR.
Since you have foreign income to be reported the ITR form applicable in this case shall be ITR-3. However, as the FM has announced in Budget 2023, to roll out Common ITR forms, you can file the same if Common ITR is made applicable from AY 2024-24 relevant to FY 2023-24.
I have am talking about both a proprietorship and partnership involved in design, sale and rental of specialised construction equipment.
If turnover is less than Rs.2Cr, are there any hassles to apply under presumptive taxation and charge at 6% of Gross Receipts
I assume gross receipts exclude GST on rent or sale. I am also assuming GST is not part of the topline or revenue when you compute P&L
There are some occasional mentions where AO still asks for books of accounts despite being under Section 44. Is that easily defendable, esp if there is a likelihood that actual profits are above 10%
If itās a partnership (under Section 44), is the net income of the partnership taxed at 6% and then post tax, the profit which then gets distributed to individual partners are tax free in their income statement?
What are the deductible for a firm, is interest and salary to partners deductible before computing presumptive taxes?
For both proprietorship and partnership businesses, you can opt for Section 44AD. Here are the answers to your doubts:
If the turnover is less than ā¹2 Crore, there are no hassles to apply under Presumptive Taxation. The Section says to declare 6%(bank receipts) or 8%( cash receipts) of the Gross Receipts or Actual Profits whichever is higher as your income.
Gross receipts are not clearly defined. There are divergent views on whether GST collected from buyers forms part of Gross receipts or not. However, GST does not form part of the topline or revenue while computing P&L.
Yes, sometimes the AO may ask for books of accounts despite being under Section 44AD. But then you can refer case law of ITO v. Mark Construction where the Assessee had declared profits exceeding 8% and thus maintenance of books of accounts is not mandatory.
Yes, the post-tax profits distributed to partners by the partnership firm are exempt in the hands of partners.
While computing Income under the presumptive scheme it is assumed that all the expenses are claimed so no further deduction is allowed. But with respect to interest and salary paid to partners, the deduction will be allowed.
I have income from f&O trading in stock market but the turnover is less than 2 cr as per rule of turnover. Now my question is i have profit of 40 lakhs , which is 20% of turnover. Can I declare income under 44AD @6% of the turnover only or should declare at actual 20%.
The provision says you have to declare profits @6% of the turnover or Actual Profit whichever is higher. So, in your case you should declare ā¹40 Lakhs as your profits which is 20% of the turnover.
I am Technical consultant for foreign company and getting annual income which is approximately Rs 55 Lac. Which ITR form to use for filing and which deductions can be shown apart from 80C, 80D and section24 of home loan ? Do I need to maintain any book? What kind of receipts are required to be shown and to whom? Will this Presumptive taxation scheme 44ADA help to save tax?
ITR form number will depend on the nature of the contract with your employer.
If you are receiving it as salary (having employer-employee relationship), it will be considered as salary income; hence ITR 2 will be applicable since the income exceeds 50 lakhs.
If youāre receiving it as a professional fee, then it will be considered as Profession income; hence ITR 3 will be applicable if you choose the regular scheme of taxation. You will also be able to claim all your profession-related expenses apart from 80C, 80D, & section 24 for home loan, if you opt for the regular scheme of taxation.
You will be able to opt for the presumptive taxation only if you report the income under the head āIncome from Business & Professionā as the scheme is for those who have business or profession income.
You will be able to opt for the presumptive taxation for FY 2023-24 as the limit has been increased to 75 lakhs from the previous 50 lakhs. For FY 2022-23, you will have to opt for the regular taxation scheme, as the gross receipts exceed ā¹50 lakhs in a financial year.
If you opt for the presumptive taxation scheme,
You will be required to pay income tax on half (50%)of your gross annual income.
You are not required to maintain any books of accounts.
Thanks @Shrutika_Shah for the reply. I work as Freelancer on permanent contract basis and there is no salary slip given, we need to send invoice and the amount gets credited to the account each month. So will this be considered as Salary/Professional income?
And the āpresumptive taxation schemeā if applicable in this case, can we also show 80C, 80D, sec24 under deductions or is it only for regular taxation scheme?
As per the situation, it will be considered as a Profession income. So, the freelancing income will be taxed under the head āIncome from Business & Professionā.
Hence, you can opt for the presumptive taxation scheme, and file ITR 4. (ITR 3 if you opt for the regular taxation scheme)
Hi @Shrutika_Shah As mentioned, Even under the presumptive scheme, you can claim chapter VI-A deductions ie, 80C,80D etc. Is Home Loan interest paid u/s 24 also allowed deductions under this scheme while filing ITR 4?
Thanks again for clarification.