An authorised representative of a foreign company in India, who is not a direct employee and receives fixed remuneration plus commission, is asking if they can opt for presumptive taxation under Section 44ADA. The advice given suggests that if the representative qualifies as a 'professional' under Section 44AA(1), they might be eligible. However, if their income is solely considered commission income as an agent for the foreign company, Section 44ADA is likely not applicable.
29 June 2021
I am an authorized representative of a foreign company in India. However, I am not an employee of the company and am not on the payroll. I earn a fixed remuneration and some commission on the sale that is made in India through me. Can I opt for presumptive taxation under section 44ADA. Please suggest.