What is Section 44ADA

Income tax rules in India include a number of features designed to make the taxes procedure easier for different types of taxpayers. Section 44ADA of the Income Tax Act, which is expressly tailored for certain specified professionals, is one such provision. This section describes a presumptive taxation approach designed to reduce the burden on professionals when determining their taxable income. In this article, we will go over the specifics of Section 44ADA, such as qualifying criteria, presumptive income computation, benefits, and ramifications.

What is Section 44ADA of the Income Tax Act?

Section 44ADA of the Income Tax Act is a specific provision that permits some professionals to compute their income on a presumptive basis. Instead of keeping thorough books of accounts, qualifying professionals can report a predetermined percentage of their gross revenues as income for tax reasons. 44ADA can be adopted only if your total receipts during a financial year is below 75 lacs.

Eligibility for Section 44ADA

Section 44ADA is available to professionals working in particular sectors. The following categories are eligible:

  1. Legal Professionals: This scheme is available to advocates, solicitors, and other legal practitioners.
  2. Medical Professionals: This section applies to doctors, dentists, and other medical practitioners.
  3. Engineering or Architectural Professionals: Engineers and architects are covered by Section 44ADA.
  4. Accounting Professionals: Chartered accountants and accountants in practice.
  5. Technical Consultancy Professionals: Professionals who offer technical, architectural, engineering, or other related services.

Presumptive Income Calculation under Section 44ADA

Section 44ADA calculates presumptive income as a percentage of gross receipts. The presumptive income for professionals covered by this clause is 50% of total gross receipts. What it means is whatever is your receipts during the year, 50% will be considered as your net profit and taxes would be calculated on that 50% portion. Do not confuse gst filing with adopting 44ADA under income tax, the both laws are different, do not overlap.Only individuals can adopt for 44ADA.

For Example: Assume a software engineer earns INR 10,00,000 in total gross earnings in a fiscal year. According to Section 44ADA, their taxable income will be INR 5,00,000 (50% of INR 10,00,000). 

Read more: 44ADA

Benefits of Section 44ADA

  1. Simplified Compliance: One of the key advantages is that the compliance load is decreased. Professionals do not need to keep detailed records of accounts, which simplifies tax filing.
  2. Presumptive Rate: The presumptive rate of 50% is considered appropriate and aids in the avoidance of income calculation conflicts.

When must an assessee keep books and have their finances audited?

Professionals who choose Section 44ADA are not required to keep regular books of accounts or to submit to a tax audit. They must, however, file an income tax return if their total income exceeds the maximum amount not chargeable to tax (currently INR 2.5 lakh for persons under the age of 60). In such circumstances, businesses should keep basic records of gross receipts and costs for future reference.

Implications of choosing Section 44ADA

While Section 44ADA has various benefits, professionals should carefully consider its ramifications before implementing it:

  1. Higher Tax Liability: In some circumstances, the presumptive rate of 50% may result in a higher taxable income than actual income.
  2. Ineligible Deductions: Professionals who choose this scheme are not eligible for deductions under Sections 10A, 10AA, 10B, 10BA, or Chapter VI-A.
  3. No Carry Forward of Losses: If this scheme is chosen, losses cannot be carried forward or offset against future income.
  4. No claim of depreciation, expenses etc.: since the whole idea of 44ADA is to “presume” (which is why it is called presumptive taxation), your expenses would be irrelevant as you are given the flexibility to consider 50% as your income straightaway. So do not get confused about claiming expenses when you are going to adopt for 44ADA.

Conclusion

Section 44ADA of the Income Tax Act is a helpful provision in India for qualified professionals. It streamlines tax compliance, alleviates the stress of keeping thorough books of accounts, and eliminates the necessity for a tax audit. However, before choosing for this presumptive taxation structure, professionals should carefully analyze their unique circumstances, income levels, and deductions. To make an informed decision and ensure compliance with tax legislation, it is best to consult a tax specialist.

Need Professional Guidance: info@taxvic.com

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