TDS - requirement of TDS by individual under presumptive income

Yes, presumptive taxation does not by itself give immunity from TDS. In case of an individual/HUF, liability to deduct TDS depends on whether turnover/gross receipts in the immediately preceding financial year exceeded the monetary limits specified under section 44AB for business/profession. Therefore, if the applicable 44AB limit was crossed, TDS has to be deducted on relevant payments, even if income is offered under presumptive scheme. However, if because of the enhanced business audit threshold the assessee has not crossed the applicable 44AB limit, then this TDS trigger may not apply.

A person declaring income under section 44AD is not covered by Section 44AB, and hence is not subject to tax audit or turnover limits specified in that section. Will he still be required to deduct TDS? Is requirement of tax audit not essential for an individual for being a TDS deductor?

Presumptive taxation under 44AD or 44ADA only simplifies how your income is computed. It does not automatically exempt you from TDS. As an individual, the TDS deduction obligation kicks in only if your prior year sales or gross receipts exceeded Rs. 1 crore (business) or Rs. 50 lakh (profession), crossing the tax audit threshold under Section 44AB. Below those limits, most payments to vendors can be made without TDS.
Two exceptions apply regardless of your size: Section 194-IA requires 1% TDS if you buy property worth over Rs. 50 lakh, and Section 194M requires 5% TDS on contractor or professional payments above Rs. 50 lakh in a year by any individual or HUF.

Presumptive income (44AD or 44ADA) does not automatically exempt you from deducting TDS.

The rule under Sections 194C, 194J, etc. is that an individual or HUF must deduct TDS only if their accounts were required to be audited under Section 44AB in the immediately preceding FY.

Practical test for FY 2025-26 TDS obligations:
- If gross receipts in FY 2024-25 exceeded Rs 1 crore (44AD) or Rs 75 lakh (44ADA), you were liable to audit. TDS is required.
- If you stayed within those limits and opted for presumptive taxation, you are NOT required to deduct TDS.

Exception: Partnership firms and companies must deduct TDS regardless of turnover.

This [TDS return filing guide](https://taxgarden.in/blog/tds-return-filing-form-24q-26q-employer-guide) covers 24Q and 26Q compliance timelines.