How Freelancers Can Benefit From Presumptive Tax Scheme

Freelancing has become a lucrative career option in India, as the country has become the second-fastest-growing freelance market globally.

The rise of freelancing comes from the flexibility and freedom it offers. However, freelancing also brings new challenges, especially in tax management. For many freelancers, navigating tax laws can be complicated.

The presumptive tax scheme under the Income Tax Act simplifies tax filing for self-employed professionals. In this article, see how freelancers can benefit from the scheme and how it impacts their tax liability.

• Freelancers must file taxes, with income categorised as business or professional earnings.
• Advance tax applies if total tax liability exceeds Rs. 10,000 for the year.
• Freelancers can deduct work-related expenses, but personal expenses are non-deductible.
• Presumptive tax allows freelancers to reduce taxable income by 50% of gross receipts.

Freelancers in India are categorised as self-employed professionals under the Income Tax Act, and their earnings are considered ‘income from business or profession’. Therefore, freelancers need to pay taxes based on their annual income, similar to business owners. Consider the following tax liabilities and rules applicable to freelancers:

• Advance tax payments are required if your annual tax liability exceeds Rs. 10,000. This is calculated quarterly, with specific percentages due on the following dates:
  • 15% by June 15th
  • 45% by September 15th
  • 75% by December 15th
  • 100% by March 15th
• Missing these deadlines attracts penalties under Sections 234B and 234C of the Income Tax Act.

Freelancer tax deductions

However, a number of provisions are available to you as a freelancer to ease your tax burden and simplify tax filing. Here are some of them:

• You can claim deductions for legitimate work-related expenses like office supplies, rent for office space, travel expenses for client meetings, and internet and phone bills (used for business).
• However, personal or mixed-use expenses cannot be fully deducted. You must maintain receipts and documentation to support deductions.
• You can also claim deductions under Sections 80C, 80D, 80E, and 80G for investments in health insurance premiums, education loans, and charitable donations.
• Lastly, you can claim Tax Deducted at Source (TDS) from your payments when filing your tax returns, i.e., if your client deducts TDS from your payments.

Presumptive income

Presumptive income refers to a simplified way of calculating the income of a taxpayer. It allows professionals to declare a percentage of their total earnings as taxable income rather than maintaining detailed records of actual income and expenses. Presumptive income relieves small taxpayers from the burden of maintaining detailed accounts.

Presumptive tax

Presumptive tax, specifically under Section 44ADA of the Income Tax Act, allows some professionals to report their income on a presumptive basis. Under this rule, freelancers whose annual gross receipts do not exceed Rs. 50 lakhs can declare 50% of their receipts as taxable income. This simplifies tax calculations and reduces the need for complex bookkeeping.

For example, if you earned Rs. 30 lakh in a year, then under the presumptive tax scheme, only Rs. 15 lakh would be considered taxable income, as 50% of the earnings are presumed to cover the freelancer's expenses. This method benefits freelancers who cannot or don’t want to itemise every work-related expense or maintain extensive records.

Under Section 44ADA, freelancers can take advantage of a flat-rate calculation for their taxable income. The presumptive tax scheme allows freelancers to reduce their tax burden by assuming that 50% of their gross earnings are expenses, and the remaining 50% is considered their profit—that is to say, taxable income.

This provides a significant benefit for freelancers with relatively low business expenses, as it offers a straightforward way to calculate taxable income and eliminates the complexities of maintaining meticulous financial records.

Limitations

If you opt for the presumptive tax scheme, you must declare a minimum of 50% of your total earnings as taxable income. At the same time, you are not permitted to claim additional deductions beyond this point. Although this simplifies tax filing, it may not be suitable for those with higher-than-average business expenses.

The presumptive tax scheme under Section 44ADA is designed for professionals engaged in specific fields, like architecture, law, medicine, accounting, engineering, interior design, technical consultancy, and IT services. Freelancers in these professions can apply for the scheme if their annual gross receipts do not exceed Rs. 50 lakhs.

If a freelancer's gross receipts exceed this limit, they cannot take advantage of the presumptive tax scheme and must calculate their income and expenses in a traditional manner.

Similarly, freelancers whose actual business expenses are significantly higher than 50% of their income will find it more beneficial to avoid presumptive taxation and opt for regular tax filing, which allows them to deduct all legitimate business expenses.

Freelancers need to file the correct Income Tax Return (ITR) form based on their income and whether they are opting for presumptive taxation. Those who are not using the presumptive tax scheme must file ITR-3, which applies to individuals and Hindu Undivided Families (HUFs) with income from business or profession.

However, if you opt for the presumptive tax scheme under Section 44ADA, you can file ITR-4, which is also called Sugam. ITR-4 is specifically designed for individuals and HUFs with income from business or profession, where income is calculated under presumptive taxation.

Filing ITR-4 simplifies the process for freelancers, as they only need to declare their total income and cannot claim any additional deductions. Freelancers must ensure that their declared gross receipts do not exceed Rs. 50 lakhs in the financial year to remain eligible for ITR-4.

Freelancers enjoy a number of benefits like the ability to work from anywhere and in flexible engagements. However, understanding and managing taxes can be challenging. The presumptive tax scheme offers a simplified method for freelancers to calculate and pay their taxes. It reduces the burden of bookkeeping and accounting.

By opting for presumptive taxation, you can declare 50% of your gross earnings as income and avoid the complexities of itemising every expense. If your gross receipts do not exceed Rs. 50 lakhs, and your business-related expenses are lower than 50%, presumptive taxation could be the right choice for you.

Consider consulting a tax professional to determine whether the presumptive tax scheme is suitable for you, and that you comply with all the applicable tax laws.

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