Table of Contents
1. Applicability of section 44ADA
Section 44ADA is applicable to small taxpayers engaged in specific profession.
2. Who are the eligible persons to adopt presumptive taxation scheme under section 44ADA?
This scheme is applicable to resident Individual and partnership firm (other than LLP) engaged in specified professions whose total gross receipts does not exceed 50 lakhs.
3. What are the specified professions for adopting presumptive taxation scheme under section 44ADA?
The list of specified professions is given in section 44AA of the income tax act.
The specified professions are as follows,
- Medical
- Engineering or architectural
- Accountancy
- Technical consultancy
- Interior decoration
- Film artist
- Company secretary
- Information technology
- Such other professions as maybe notified.
4. What is the amount of income to be declared under section 44ADA?
50% or more of the gross receipts shall be declared as income under this section.
5. I have opted to pay tax under section 44ADA, can i declare an income less than 50% of the gross receipts?
Yes, but you cannot avail the benefits of the presumptive taxation scheme, since you have declared an income less than 50%, you should maintain books of accounts under section 44AA and get such books of accounts audited under section 44AB.
6. Can I claim deduction of expenditure if I opt for payment of tax under section 44ADA?
A person who opts to pay tax under this scheme is deemed to have claimed all deduction of expenses.
No further deduction of expenses is allowed.
7. I am firm opting to pay tax under section 44ADA, can I claim deduction in respect of remuneration and interest paid to partners?
- Yes, only expenditure under section 30 – 38 is not allowed as deduction,
- Remuneration and interest paid to partners under section 40(b) of the act is allowed as further deduction to the income computed under the provisions of section 44AD since it does not fall within section 30-38.
8. I am a doctor providing professional services through a clinic, I also have a pharmacy registered to my name engaged in buying and selling of medicines, can I opt to pay tax under presumptive taxation scheme?
- Yes, you can opt to pay tax under presumptive scheme.
- However, for the professional services, presumptive taxation scheme under section 44ADA is applicable.
- And for the pharmaceutical business, presumptive taxation scheme under section 44AD is applicable.
- Threshold limit for applicability is to be checked for both the sections separately.
9. Should I pay advance tax if I opt for section 44ADA?
Yes, but advance tax is payable only in 1 installment (15th March of the relevant PY) for taxpayers opting to pay tax under section 44AD.
10. Is interest under section 234B and C applicable if I opt for section 44ADA?
Yes, interest under section 234B and C are applicable provided you have not discharged your advance tax liability before 15th march of the relevant PY.