Tax for individual freelancing service providers

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Hi,

     I started working as a freelancer providing chip design services to a semiconductor company. My first phase of work got over and I received the payment and the company said it is inclusive of GST. Soon I am going to start next phase and I expect my gross annual income from freelancing to be above 40L for FY26. I am working from home residing in TamilNadu and my company is located in Bangalore, Karnataka. Can someone please help me understand the tax structure (GST and Income tax) applicable to me and ways to minimise the tax outgoing. 

Replies (6)

As a freelancer providing chip design services, you'll need to understand the tax implications of your work.

Here's a breakdown of the tax structure and ways to minimize tax outgoings: GST Implications -

 *GST Registration*: Since your annual turnover is expected to exceed ₹40 lakhs, you'll need to register for GST. -

*GST Rate*: The GST rate for services is typically 18%. However, you can claim input tax credit (ITC) on GST paid on inputs and services used for your business. - 

*Place of Supply*: As you're working from home in Tamil Nadu and providing services to a company in Karnataka, the place of supply would be the location of the recipient (Karnataka). Income Tax Implications - 

*Income Tax Slab*: As a freelancer, your income will be taxed according to the individual income tax slab rates. 

- *Business Expenses*: You can claim deductions for business expenses related to your freelance work, such as software, hardware, and other necessary tools. -

 *Home Office Expenses*: You may also be able to claim a portion of your home expenses as business expenses, but this would require proper documentation and calculation. Ways to Minimize Tax Outgoings -

*Claim Business Expenses*: Ensure you claim all eligible business expenses to reduce your taxable income. - 

*Take Advantage of ITC*: Claim ITC on GST paid on inputs and services used for your business to reduce your GST liability. - 

*Invest in Tax-Saving Instruments*: Consider investing in tax-saving instruments like PPF, NPS, or ELSS to reduce your taxable income. - 

*Maintain Proper Records*: Keep accurate records of your income, expenses, and GST payments to ensure compliance and minimize tax outgoings. Additional Considerations - 

*GST Returns*: Ensure you file your GST returns accurately and on time to avoid penalties. - 

*Income Tax Returns*: File your income tax returns accurately and claim all eligible deductions. -

*Consult a Tax Professional*: Consider consulting a tax professional or chartered accountant to ensure you're meeting all tax compliance requirements and taking advantage of available tax savings [1].

Thank you sir for your reply. While searching in google, I came across income tax section 44AD, 44ADA . Am I not eligible for these to reduce tax? 

Can someone please clarify ? As explained in my initial query, I am an individual freelancer providing work from home enginerring design services. All the payments to me are online through bank transfer. Am I eligible for Sec 44ADA if my gross salary is <75 lakhs. Also Do I need to pay both GST and Income tax ? What are the tax rates for those?

Hi Manigandan,

Great question! Freelancers in India are considered self-employed professionals, and their income is taxed under “Profits & Gains from Business or Profession.”

🔹 Income Tax:

  • If annual income exceeds ₹2.5 lakh (for individuals under 60), income tax applies as per slab rates.

  • You can opt for Presumptive Taxation under Sec 44ADA if gross receipts are below ₹50 lakh — pay tax on 50% of income (and no books required).

🔹 GST Applicability:

  • GST registration is mandatory if income exceeds ₹20 lakh (₹10 lakh in special category states).

  • If you work for foreign clients, your services may qualify as Export of Services — zero-rated under GST but registration still required.

💡 Pro Tip: Freelancers can claim deductions for expenses like internet, software, laptops, rent, etc. under ITR-4 or ITR-3.

For professional help in GST registration, tax filing, and freelancer advisory:
👉 Freelancer Tax Services – Smart Tax Idea

CA Advisor | Smart Tax Idea

✅ Are You Eligible for Section 44ADA?

Yes, you are eligible for Section 44ADA if:

  1. You are an individual or partnership firm (not LLP or company).

  2. You are a resident in India.

  3. You are offering professional services — and engineering design services fall under "technical consultancy," which is covered.

  4. Your gross receipts (total payments) from freelancing are below ₹75 lakhs (limit increased from ₹50 lakhs with digital receipts in mind).

💡 So YES — you can opt for presumptive taxation under Section 44ADA.

  • Under this, 50% of your receipts are considered as taxable income.

  • You don’t need to maintain detailed books of accounts.

  • No audit required if you declare 50% or more as profit and total income is under ₹2.5L / ₹3L / ₹5L depending on age slab.


💰 Do You Need to Pay Both GST and Income Tax?

🔹 Income Tax:

Yes — you have to pay Income Tax on your income under Section 44ADA.

  • If your income (50% of gross receipts) exceeds basic exemption limit, you pay tax.

  • Tax slabs (FY 2024–25 under old regime):

    • Up to ₹2.5L: Nil

    • ₹2.5L–₹5L: 5%

    • ₹5L–₹10L: 20%

    • Above ₹10L: 30%

  • You can also opt for the new regime if beneficial (0–15–30% slab).

🔹 GST:

Yes — if your gross turnover exceeds ₹20 lakhs (in most states) for services.

  • You need to register for GST if your freelance income > ₹20L annually.

  • GST Rate: 18% for engineering or technical consultancy services (SAC 9983).

  • You can charge GST from clients and claim Input Tax Credit (ITC).

🔁 Income tax and GST are separate — income tax is on your profit; GST is on your service value.

✍️ Example Breakdown

You earn ₹18 lakhs from clients (fully online transfers), all under Section 44ADA.

  • Presumptive income = 50% of ₹18L = ₹9L

  • Taxable after deductions = ₹9L – deductions (if applicable)

  • Income tax = based on slab (approx. ₹1L–₹1.2L if no other income or exemptions)

If your income crosses ₹20L, you must:

  • Register under GST

  • Collect 18% GST from clients

  • File monthly/quarterly returns

  • Pay GST after adjusting ITC


🧾 Summary Table

Tax Type Applicability Threshold Rate
Income Tax Yes, under Sec 44ADA > ₹2.5L income Slab-wise (5–30%)
GST Yes, if gross > ₹20L ₹20L turnover 18% on services

🤔 FAQ

Q: Can I opt out of GST if I work with international clients?
A: You may qualify for export of services (zero-rated), but GST registration is still needed if turnover > ₹20L.

Q: Can I claim expenses even under Sec 44ADA?
A: No, Sec 44ADA assumes 50% is expense — separate expense claims are not allowed.

Q: What if I earn ₹19L but don’t register for GST?
A: You’re fine — registration is required only if you cross ₹20L.

Alos, please rememebr that if you exceed Rs 20 Lakh income in one year,you will have to continue to be registered under GST even if your income is below Rs 20 Lakhs in the following years.


CCI Pro

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