Presumptive taxation under 44ad or 44ada

Tax queries 437 views 2 replies

Hello respected members. I need your guidance for a future situation that I would be in.

I am an individual under contract working for a US based firm. Now I am not an employee but an Independent contractor. I do some programming and data processing/ data mining for the company. Since my receipts are above 20 lakh I have registered for GST. and I believe I do not have to pay gst because what I doing comes under exports of services.

Right now I am well under the 50 lakh limit and file ITR under 44ada. In future, lets say in next FY i.e. 2022-23 months I am expecting my turnover to cross 1.5 crore but remain under 2 crores. Now I know I can not file 44 ADA for receipts over 50 lakh.

In next financial year I would enlist help of 3 people (total 4 including me). Now here I do not know how to proceed. my questions are below.

1. Should I open a small firm and pay those 3 people from it, if so what are my tax implications in lieu of GST,TDS etc?

2. If I open a firm/small company am I able to opt for section 44AD and pay tax on 8 percent of turn over or 44AD is not applicable even if I open a small company?

Thank You.

Replies (2)
1. even if you're a proprietary concern ie. an individual contractor, you can pay your employees and claim deduction of the salary paid while calculating income tax. starting a private limited company will make you a separate person and company seperate artificial person so that you can pay salary to yourself also. tds you should deduct if your employees salary is more than 5 lakhs
2. 44 ad is not applicable to companies

if you have anymore clarifications contact me on Nine four nine six 20 50 20

Thank You Abhilash for the reply, can 44ad even be applied to the type of work I do?


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