How to split freelance project income with a friend and pay tax only on my share?

ITR 434 views 3 replies

Hi,

I received payment from a client for a freelance project. I want to send 50% of that amount to my friend who worked with me on this project.

I want to be liable to pay tax only on my 50%, and he should pay tax on the amount he receives (plus his total annual income).

What is the correct process to do this smoothly?

Should we make an agreement?
Should I give him a contract and he sends me an invoice?
Can I show the amount I send him as a business expense?

What is the exact process I should follow to stay compliant?

Replies (3)

To pay tax only on your share, treat your friend as a consultant. Have him issue you an invoice for 50%, pay him via bank transfer, and claim that payment as a business expense in your ITR. This reduces your "Net Taxable Income" to just your 50% share.

  1. You enter into a written agreement with your friend stating:

    • He is an independent contractor

    • Scope of work

    • Revenue-sharing or fixed consideration terms

  2. He raises an invoice to you for his share (₹5 lakhs).

  3. You pay him against that invoice.

  4. You record:

    • ₹10 lakhs as gross receipts

    • ₹5 lakhs as professional expense (subcontract charges)

  5. He declares ₹5 lakhs as his professional income.

✔ This is legally clean and commercially defendable.

If the payment exceeds ₹30,000 (which it does), then:

  • Section 194J (professional fees) may apply.

  • You may need to deduct TDS @ 10% before paying him.

  • Deposit TDS and issue Form 16A.

Failure to deduct TDS may result in:

  • Disallowance under Section 40(a)(ia)

  • Interest and penalty exposure

Hi Sandhya, Thanks a lot for this, 

Should I make him send an invoice of 5 lakhs or 4.5 lakhs (deducting the 10% TDS) ?


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