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Digital Content Creator Having Income under TDS-194O - Is 44ADA Possible?

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Use-case: A Digital Content Creator Creates Courses on Technical IT topics and uploaded to multiple online platforms to sell. Students buys these courses, and he receives 50% of the income from that sale from 3rd party platforms.

The online platforms deducts TDS under TDS-194O

Question: Can The Content Creator opt for 44AD?

Replies (3)

I meant 44AD and not 44ADA

Yes...You can opt for 44AD if your turnover in the financial year is less than Rs. 2 crore.

Content creator services does not come under the list of notified services mentioned in sec 44AA for which Sec 44ADA will be applicable. So, content creation is a business and 44AD can be opted considering the  turnover is within 2 crores.

In my view, income earned by a digital content creator through online platforms (where TDS is deducted under section 194O) is generally in the nature of business income, since the creator is independently producing and selling digital products (courses).

Since “content creation” is not covered under notified professional services under section 44AA, section 44ADA would typically not apply.

Accordingly:

  • Section 44AD can be opted, provided turnover/gross receipts do not exceed ₹2 crore.

  • The gross receipts should be considered before platform commission, i.e., the full sale value (including the portion retained by the platform), since TDS u/s 194O is deducted on that amount.

  • The platform’s share can be treated as an expense/commission.

However, one should also evaluate facts carefully:

  • If the creator’s work involves specialized professional/technical consultancy, there could be an argument for 44ADA (though generally unlikely).

  • GST and turnover reconciliation with 26AS/AIS should also be aligned.


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