Taxability of foreign income received for Resident Indian in India

Tax planning 466 views 5 replies

Hello there members,

I'm curious to know whether I will be able to shown my foreign income under 44AD.

I'm purely a Resident of India and my work is entirely WFM since from the inception of this work.

Let me briefly explain. I'm getting paid per hour basis for the services I render on the supply chain operations. We don't have any employment contract. Every month they pay me for the hours I've worked in USD. Also there is no TDS or tax being with held from my pay at their end.

Since there is no employer and employee relation here, can I consider myself as a freelancer and consider it under 44AD?

Replies (5)
What's the quantum of income you earn?
Sec 44AD IS APPLICABLE IN THE FOLLOWING CASES if it is on presumptive basis .
has not claimed any deduction under sec 10A,10B,10AA.

Hi Sabyasachi, Thanks for the reply.

The income would be somewhere between INR 14L to 18L per anum (FY).

And yeah I understand not claiming of the deductions (as specified u/44AD) thing. What bites me is that, whether I can opt for presumptive basis u/44AD or not for this kind of earning, since we don't have any employer and employee relation and they are paying me according to the hours I work as per my comfort (freelance).

You can claim the 'foreign income' u/s 44AD as there is no restriction to the type of income being Indian or foreign.

You can claim your income under the presumptive scheme. 

If you provide any professional services mentioned u/s 44AD, you can also opt for 44ADA. 

Thanks for the clarification everyone. 


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