So the correct Section you can go for is 44ADA and there are specific codes for the same. You can check which code is applicable to you by referring this article.
GST registration is mandatory if the turnover exceeds ₹20 lakhs.
You can then also opt for the presumptive scheme u/s 44ADA and declare 50% of your turnover for income tax purposes.
It is clear to me now the difference. I am giving service about design and Research & Development to a foreign client. I used to file tax by selecting code 16005 (44ada).
If I opt for 15003 (44ad) then will I be asked for proof about my services from respective government department? or what impact it could have? Thanks
Since you were filing by selecting 44ADA which requires to show 50% income and now under 44AD the income you are required to declare is 6/8% which is on the lower side. The department may ask you to provide proof about your services whether they fall under 16005(44ADA) or 15003(44AD).
My Professional income for FY 22-23 is coming around 54L ( no cash ), can I still claim benefits under 44ADA as there is a limit is increasing to 75L from FY 23-24. If not what is the best solution for me as it is marginally above the current limit of 50L. TIA.
For the FY 2022-23, the limit for opting under Presumptive Taxation scheme is ₹50 lakhs. Since your receipts is more than ₹50 Lakhs you cannot opt for the same.
For the FY 2023-24, the enhance limit of ₹75 Lakhs will be applicable and then you can opt for Presumptive Taxation scheme.
I work as a freelancer (software engg) and receive all my earnings from a friend directly in my bank account. My net income is around 8L (2% of which is from interest and dividends).
So if I mention 60% profits in presumptive taxation scheme, do I have to pay taxes on the remain 40% (3.8L) or do I go tax free since it is under 5L? I also have 1L invested in schemes under 80C.
Thanks
Under presumptive taxation you can show 60% profits, you don’t have to pay taxes on remaining 40%. Presumptive taxation is only for business income, dividend and interest are not to be included here.
If your Net Total Income (Gross Total Income- Deductions u/s 80C, 80D,etc.) is less than ₹5 Lakhs, your tax liability will be Nil.
I am sorry I think I got it wrong here. If I show a profit of 60%, I a liable to pay taxes on that and not on the 40%.
And the gross total income would be the 60% profit (4.8L) + other income such as dividends and interests. Is my undersranding correct?
Yes, if you show a profit 60%, then you will have to pay taxes on that only and not on 40%.
Also, your gross total income will be 60% profit and other incomes like dividend, interest, etc.
yes . you are right . but . there is a loophole in this . as per the rule : under the
i am not required to maintain any books records . so . who will come to know and how will the taxman come to know anything except what is mentioned in the AIS and what i show/declare ?
I have a query. If freelance income is < 50 lacs but combined salary + freelance income exceeds 50 lacs, will presumptive taxation apply? Which ITR has to be filed (FY 2022-2023)?
A presumptive taxation scheme can be opted for if you have income under the head “Income from Business & Profession.” So, you will be able to opt for the presumptive scheme for your freelance income if it does not exceed 50 lakhs/75 lakhs. For salary income, it shall be taxed regularly. The total tax shall be computed as per the regime chosen by you.
ITR 3 will be applicable for FY 2022-23.
A presumptive taxation scheme can be opted for if you have income under the head “Income from Business & Profession.” FnO trading is considered a business income and the turnover is less than the limit of 2 crore/3 crore, so you can opt for the presumptive scheme. Also, the profit is more than 6% of the turnover, so a tax audit will not be applicable.