What is Presumptive Income & its Taxation under section 44AD?
As per the Income-tax Act, a person engaged in business or profession is required to maintain regular books of account and further, he has to get his accounts audited. To give relief to small taxpayers from this tedious work, the Income-tax Act has framed the presumptive taxation scheme under sections 44AD, 44ADA and 44AE.
A person adopting the presumptive taxation scheme can declare income at a prescribed rate and, in turn, is relieved from tedious job of maintenance of books of account and also from getting the accounts audited.
Features of this Scheme
- For the purpose of computing taxable business income (Turnover or Gross Receipts (-) Business Expenses= Taxable Business Income), the taxpayers have to maintain books of account of the business. Income will be computed on the basis of the information revealed in the books of account. In case of a person adopting the provisions of section 44AD, income is computed on presumptive basis at the rate of 8% of the turnover or gross receipts of business for the year. But from FY 2016-17 onwards, if gross receipts are received through a digital mode of payment, then Net Income is estimated at 6% of such gross receipts. Hence, in case of a person adopting the provisions of section 44AD, income will not be computed in normal manner as discussed earlier (i.e., Turnover less Expenses) but will be computed @ 6% or 8%, as the case may be, of the turnover or gross receipt. Hence, in case of a person adopting the provisions of section 44AD, income will not be computed in normal manner as discussed earlier (i.e., Turnover less Expenses) but will be computed @ 6% or 8%, as the case may be, of the turnover or gross receipt.
- You don’t have to maintain books of accounts of this business.
- You have to pay 100% Advance Tax by 15th March for such a business. No need to comply with the requirement of quarterly instalments due dates (June, Sep, Dec) of advance tax.
- You are not allowed to deduct any business expenses against the income.
- If you are running more than 1 business, the scheme has to be chosen for each business. For example, if you run 3 businesses where only 1 is assessed under section 44AD. The relief of not maintaining accounting records & no requirement of an audit is only applicable to the business to which this scheme applies. For other 2 businesses which are not covered under this section – the accounting records have to be maintained and audit is also required.Similarly, in case of Advance Tax, the benefit of paying the advance tax in one instalment by 15th March is only granted for the business for which this scheme has been opted for. If the taxpayer has income which is other than from such business, where his tax liability exceeds Rs 10,000 in a year, he has to pay advance tax on such other income.
Eligibility Criteria for this Scheme
- Your gross receipts or turnover of the business for which you want to avail this scheme should be less than Rs 2 crore.
- You must be a Resident in India.
- This scheme is allowed to an individual, a HUF or a partnership firm. It is not available to Company.
- The scheme cannot be adopted by the taxpayer, if he has claimed deduction under section 10,10A, 10B, Section 10BA, or Section 80HH to 80RRB in the relevant year.
The taxpayer may be in any business – retail trading or wholesale trading or civil construction or any other business to avail this scheme. But this method of income computation is NOT applicable to:
- Income from commission or brokerage
- Agency business
- Business of plying, hiring or leasing goods carriage (see section 44AE)
- Professionals – who are carrying on a profession of legal, medical, engineering, architectural, accountancy, technical consultancy, interior decoration, an authorized representative, film artist, company secretary and information technology.
Authorized representative means – any person, who represents someone, for a fee or remuneration, before any Tribunal or authority under any law. Film Artist includes a producer, actor, cameraman, director, music director, art director, dance director, editor, singer, lyricist, story writer, screenplay writer, dialogue writer, dress designer – basically any person who is involved in his professional capacity in the production of a film. (Sec 44ADA). These are the professions listed under section 44AA(1).
Devesh runs a medical shop in his colony. The receipts of his business are Rs 1,50,00,000 in the financial year 2018-19. Can Devesh take benefit of the scheme under section 44AD?
Devesh is a resident and his receipts from this business are less than Rs 2 crore. His business is not listed under the non-eligible businesses list and therefore he can avail this scheme under section 44AD.
Consequences if a person opts out from the presumptive taxation scheme of section 44AD
If a person opts for presumptive taxation scheme then he is also required to follow the same scheme for next 5 years. If he has failed to do so, then presumptive taxation scheme will not be available for him for next 5 years. [For example, an assessee claims to be taxed on presumptive basis under Section 44AD for AY 2017-18. For AY 2018-19 and 2019-20 and he offers income on basis of presumptive taxation scheme. However, for AY 2020-21, he did not opt for presumptive taxation Scheme. In this case, he will not be eligible to claim benefit of presumptive taxation scheme for next five AYs, i.e. from AY 2021-22 to 2025-26.]
Further, he is required to keep and maintain books of account and he is also liable for tax audit as per section 44AB from the AY in which he opts out from the presumptive taxation scheme. [If his total income exceeds maximum amount not chargeable to tax]
What is ITR-4 Form?
The ITR-4 Form is the Income Tax Return form for those taxpayers, who have opted for the presumptive income scheme as per Section 44AD, Section 44ADA and Section 44AE of the Income Tax Act. It is applicable to Individuals, HUFs and Partnership Firms (other than LLP) who are running businesses with turnover less than Rs.2 crores and Professionals with gross receipts upto Rs. 50 lakhs who have opted for the presumptive income scheme.
(It is not for an Individual who is either Director in a company or has invested in Unlisted Equity Shares).
However, if the turnover of the business exceeds Rs 2 crores, the taxpayer will have to file ITR-3.