44AD and high-margin business

I run a software development business and we get software developed via freelancers and sell them majorely to international clients,  my question is can we file returns under 44AD "Presumptive Taxation" and opt for 8% profit even if our profits range is higher than 40-50%?

Replies (5)
Quick Summary
This discussion explores whether a software development business, which outsources development and sells utilities like off-the-shelf products, can opt for presumptive taxation under Section 44AD. The core question is whether the 8% profit margin applies even if actual profits are higher, and if software development falls under business or profession for tax purposes. It clarifies that actual profit or the presumptive rate (8% or 6% for digital sales), whichever is higher, must be reported.

Yes you can
Software development comes under profession and not under business..

If the turnover is above 50lakhs you can't opt for Presumptive Taxation
I'm not sure whether software profession is covered under section 44AA. whether you are opting for presumptive taxation or under normal provisions of income tax, you are required to report the actual profit

Hi CA's,

I am not myself developing softwares and not doing anything like making custom software for clients. I get little utilities developed and sell them like an item in shelf. Like you go and buy WinZip software. why can't I not opt for 44AD with 8% profit, the law even says I can take 6% profit into account if all sales are digital?

 

Thanks

You have to report the 8% or 6% of your turnover or actual profit, whichever is higher as your total profit

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