Section 44ADA – Presumptive Taxation Scheme for Professionals (A.Y. 2022-23): The scheme is started by the income tax department to provide relief to small taxpayers engaged in a specified profession.
Professions Covered (Section 44ADA)
Persons eligible to take advantage of section 44ADA’s presumptive taxation: The following persons can take advantage of the presumptive taxation scheme under section 44ADA for A.Y. 2022-23
- architectural profession
- technical consultancy
- interior decoration
- any other profession as is notified by the Board
Updates: The Finance Act, 2021 has amended the provisions of section 44ADA to define eligible assessee w.e.f. the assessment year 2021-22, the benefit of section 44ADA is eligible only in the case of an assessee who is (a) an individual; and (b) a partnership firm other than a limited liability partnership.
No Need to Maintain Books of Accounts u/s 44ADA
- There is no need to maintain detailed books of accounts or to spend unnecessary time separating personal expenses from business expenses.
- The special scheme which reports your income is known as the ‘Estimated Income Scheme for Small Professionals (Sec 44ADA)’.
- The word presumptive means that the income of the person is deemed an actual number do not have to be reported.
- Therefore, the tax is to be paid on the assumed income, not on the actual income.
- An assessee in his income as per the Scheme is not required to maintain books of accounts (u/s 44AA) nor to get accounts audited (u/s 44AB).
- Earlier the businessman was only eligible to enjoy this scheme, but now professionals can also enjoy the benefits of this scheme
- The benefits of the scheme lie in the ease and simplicity of return filing.
Quick Summary About 44ADA (A.Y. 2022-23)
Quick detail about section 44ADA: Here is the quick detail summary that includes all the latest provisions to understand fast.
|What is 44ADA||The section is for small professionals to provide relief by the simple method of taxation.|
|Who Can Opt?||Professionals whose annual gross receipts are under Rs.50 lakh in a year|
|How Much Income Assumed||50% of the gross receipts|
|Assessees Eligible||Individuals, HUFs, Partnership Firms (Not Limited Liability Partnership)|
|Updated in Union Budget 2021||Now it is only applicable to individuals, HUF or partnerships other than LLP. First, it was applied to all the resident professionals as per section 44AA|
|Benefits of 44ADA||No need to maintain books of accounts, no requirement of having accounts audited|
Applicability of Estimated Income Scheme for Small Professionals
The estimated income scheme for small professionals is applicable for those whose gross receipts do not exceed Rs.50 lakh in a previous year u/s 44ADA. An assessee may, however, declare a higher income in his return.
Income from any other business or profession (not covered under this scheme) and under other heads, shall be computed separately as per normal provisions, and then aggregated with the estimated income under the scheme, and subject to tax in accordance with the normal provisions.
Features of Presumptive Schemes for Professionals
This scheme allows the small taxpayers to reduce their burden and help them to focus on their work only. The features introduced under section 44ADA are as below:
- This scheme is available to professionals such as software engineers, doctors, lawyers, chartered accountants, architects, graphic designers, interior decorators etc. The person, those who are self-employed but not working for an employer.
- Professionals can go for this scheme only if their total receipts in one financial year are Rs.50 lakh or less.
- The income of the person should be assumed to be 50% of total receipts.
- For income tax returns, details of all the expenses are not required to be provided.
- Professionals are not required to keep formal accounting records.
Disallowance of Deductions under Business Head
All deductions under sections 30 to 38, including depreciation and unabsorbed depreciation, are deemed to have been already allowed, and no further deduction is allowed under these sections for professional income under section 44ADA. Even salary/ interest to partners is not deductible under the “Estimated Income Scheme for Small Professionals”.
- The written down value is calculated, where necessary as if depreciation as applicable has been allowed.
- Moreover, it will be assumed that disallowance, if any, under sections 40, 40A and 43B has been considered while calculating the estimated income @ 50 per cent.
Declaration of Lower-Income Consequences
If an assessee declares his income to be lower than the deemed profits and gains as stated above, then the following consequences are applicable
- The assessee will have to maintain the books of account as per section 44AA if his total income exceeds the exemption limit.
- The assessee will have to get his books of account audited under section 44AB (irrespective of turnover) if his total income exceeds the exemption limit.
In case treating 50% income as expenses seems to be low and your actual expenses are higher, you may not opt for this scheme as this scheme is optional. In this case, a person may continue to file his/ her return in ITR-4 and can claim all the actual expenses. After claiming expenses, the remaining income tax is paid but the person has to keep proper records of the accounting. As well as details of profit and loss account are also prepared.
Advance Tax Payment
The assessee who is declaring his income underestimated income scheme for small professionals under sectin 44ADA shall be required to deposit the whole amount of advance tax for the financial year by the 15th of March of the year.
This new scheme (Estimated Income Scheme for Small Professionals) for filing a tax return is beneficial to many professionals who are self-employed such as doctors, graphic designers, software experts and freelance writers etc.
Example to understand the scheme u/s 44ADA
Mr A is a doctor and has the following details for the A.Y.2022-23.
|Gross receipts from practice||35 Lakh|
|Rent from house property||1,20,000|
|Interest on securities/bonds||2,50,000|
|Saving bank interest||15,000|
|Particulars||Amount (Rs.)||Amount (Rs.)|
|Income from Profession|
|Deemed income from profession under “Estimated income scheme for small professionals” u/s 44ADA i.e 50% of Rs.35 Lakh||17,50,000||17,500,000|
|Income from House Property|
|Gross Annual Value||Rs.1,20,000|
|Less: 30% of Standard Deduction||Rs. 36,000||Rs.84,000|
|Income from Other Sources|
|Interest on securities/bonds||2,50,000|
|Saving Bank Interest||15,000||2,65,000|
|Gross Total Income||20,99,000|
|u/s 80c PPF/LIP||1,50,000|
|u/s 80D Mediclaim||25,000|
|u/s 80TTA Saving Bank Interest||10,000||1,85,000|
|Taxable Income||19,14,000 (Calculate Income Tax Here)