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Income Tax for Freelancers, Consultants and Professionals.

by | Apr 27, 2024 | Income Tax | 0 comments

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Important Keyword: Income Source, Presumptive Tax, Section 44ADA, Section 80C, Section 80U.

Who is a Freelancer?

Absolutely, freelancers operate their own businesses and are responsible for managing their income and expenses. Unlike salaried individuals, freelancers have the flexibility to choose their projects, set their rates, and work with multiple clients. However, with this freedom comes the responsibility of managing their finances, including paying income tax on their earnings.

Freelancers can deduct legitimate business expenses from their income before calculating their taxable income.

These expenses can include costs associated with running their business, such as:
  1. Equipment and tools: Computers, software, cameras, and other tools necessary for their work.
  2. Workspace: Rent for a home office or co-working space, utilities, and internet bills.
  3. Supplies: Stationery, printing costs, and any other materials needed for their work.
  4. Travel: Transportation expenses related to client meetings, conferences, or project-related travel.
  5. Marketing and advertising: Costs associated with promoting their services, such as website development, advertising, and networking events.
  6. Professional services: Fees paid to accountants, lawyers, or other professionals for business-related services.
  7. Training and education: Costs of courses, workshops, or certifications related to their profession.
  8. Insurance: Professional liability insurance or other business insurance premiums.

It’s essential for freelancers to keep detailed records of their income and expenses to accurately report their taxable income and claim deductions while filing their income tax returns. This helps them minimize their tax liability while ensuring compliance with tax laws and regulations.

What does the Income of a Freelancer Include?

Exactly, gross receipts represent the total amount of money received by a freelancer for their work or services rendered. It’s crucial for freelancers to accurately track and document their gross receipts to ensure compliance with tax regulations.

Gross receipts typically include all payments received directly for freelancing work, whether they are deposited into a bank account or received in cash. It’s essential to distinguish between income earned from freelancing activities and other sources of income, such as interest from fixed deposits or rental income from property.

While income from freelancing is considered part of the business or professional income category, other sources of income fall under different heads in the income tax return. By accurately categorizing and reporting income, freelancers can ensure compliance with tax laws and optimize their tax planning strategies.

Books of Accounts for Freelancers

Accrual Basis of Accounting:

  • Income is recognized when it’s earned, regardless of when it’s received.
  • Expenses are recognized when they are incurred, regardless of when they are paid.
  • Provides a more accurate reflection of the freelancer’s financial position and performance over a period of time.
  • Requires tracking accounts receivable (income yet to be received) and accounts payable (expenses yet to be paid).
  • Commonly used by businesses with significant credit transactions or those that offer goods or services on credit terms.

Cash Basis of Accounting:

  • Income is recognized only when it’s actually received.
  • Expenses are recognized only when they are paid.
  • Simple and straightforward method, suitable for small businesses with straightforward financial transactions.
  • Provides a clear picture of actual cash flow.
  • Doesn’t require tracking accounts receivable or accounts payable.
  • May not accurately represent the freelancer’s financial position and performance, especially if there are significant credit transactions or outstanding invoices.

Choosing between accrual and cash basis accounting depends on various factors, including the nature of the freelancer’s business, the volume of transactions, and personal preferences. Some freelancers may prefer cash basis accounting for its simplicity, while others may opt for accrual basis accounting for its accuracy and ability to provide a comprehensive financial picture.

Accrual BasisCash Basis
Incomes are accounted when the right to receive occursIncomes are accounted only when the cash is actually received.
For Example, you raise an invoice on your client on 7th February but receive the payment on 10th April, revenue would be booked in your accounts on the basis when invoice is raised to the client i.e, 7th February.Now, in the same case if it’s Cash Basis of Accounting, revenue would be accounted for only on 10th April (the tax year next to the year in which invoice was raised or work got completed) when payment is received.
Similarly, expenses are accounted right when the obligation is incurred.Expenses are accounted only after they’re paid off.
For Example, your Internet bill dated 18th February to 18th March has been received. This will be captured as an expense in the accounts of March, even if you don’t pay this until 31st March (even in the next tax year). Note that on an estimated basis your Internet cost for remaining 13 days of March may also be accrued when your books of accounts are closed on 31st March.Here, the same Internet bill will be booked as an expense in the month of March only if you pay it before the 31st March (in the same tax year). If you pay it in April, it will get booked as an expense in the next tax year (even when the expense pertains to the previous tax year)
Tax liability is considered for the booked income. So even the income yet not recieved may be liable for Tax.As here, the income is not booked until actually receiving it, the income not received yet will not be liable for Tax
This method can be followed for all types of income. In fact, it’s commonly used for Income from Salary, House Property, and Capital gainsThis method is only applicable to Profits and gains from Business and Profession and Income from Other Sources

Correct, selecting the appropriate accounting method is crucial for freelancers as it impacts how income and expenses are recorded and ultimately affects tax obligations. While the cash basis may offer simplicity, the accrual basis provides a more accurate reflection of financial performance over time.

In terms of tax implications, both methods have their considerations. While cash basis accounting may delay tax payments by postponing income recognition until it’s received, it doesn’t necessarily reduce the overall tax liability. Accrual basis accounting, on the other hand, allows for a more comprehensive assessment of income and expenses, aiding in accurate tax calculations for the current year.

When calculating taxable income for freelancers, deductions play a significant role in reducing the overall tax liability. Deductions such as business expenses, investments, and eligible exemptions are subtracted from the gross taxable income to arrive at the net taxable income, which is then subject to applicable tax rates based on the taxpayer’s age and income level.

Calculating and paying advance tax is essential for freelancers to avoid penalties and ensure compliance with tax regulations.

Here’s a step-by-step guide to calculating and paying advance tax:
  1. Determine Total Income: Add up all payments received for freelance work and any income from other sources.
  2. Subtract Work-related Expenses: Deduct all legitimate business expenses from the total income. This includes expenses such as equipment, software, office supplies, travel costs, and any other expenses directly related to your freelance work.
  3. Add Income from Other Sources: If you have income from sources other than freelancing, include it in your total income calculation.
  4. Calculate Tax Due: Determine your tax liability based on the total taxable income after deducting expenses and considering any applicable deductions or exemptions. Use the income tax slab rates applicable to your income level to calculate the tax due.
  5. Deduct TDS: If any tax has been deducted at source (TDS) from your income, deduct it from the tax calculated in step 4.
  6. Check if Advance Tax is Due: If the remaining tax due after deducting TDS exceeds INR 10,000, advance tax is applicable.
  7. Pay Advance Tax: If advance tax is due, make the payment by the due dates specified by the tax authorities. The due dates for advance tax payments are typically as follows:
    • On or before 15th June: 15% of the total tax liability
    • On or before 15th September: 45% of the total tax liability
    • On or before 15th December: 75% of the total tax liability
    • On or before 15th March: 100% of the total tax liability

By following these steps and making timely advance tax payments, freelancers can fulfill their tax obligations and avoid penalties for non-compliance.

Due date of installmentAdvance Tax payable by Individual and Corporate Taxpayers
On or before 15th June15% of the advance tax liability
On or before 15th September45% of the advance tax liability
On or before 15th December75% of the advance tax liability
On or before 15th March100% of the advance tax liability

That’s correct! Freelancers and professionals can indeed opt for the presumptive taxation scheme under Section 44ADA from the assessment year 2017-18 onwards. This scheme simplifies tax compliance for them, as they can file their income tax returns using Form ITR 4 and are not required to maintain detailed books of accounts.

Regarding the payment of advance tax, freelancers opting for the presumptive taxation scheme are required to pay the entire amount of advance tax in a single installment before 31st March of the financial year. This differs from the usual quarterly installment schedule for advance tax payments applicable to other taxpayers. By paying the advance tax before the deadline, freelancers can ensure compliance with tax regulations and avoid penalties.

Exactly! Freelancers can deduct various expenses incurred exclusively for their freelancing work from their gross income to arrive at their net taxable income. These deductions help in reducing their overall tax liability.

Some common expenses that freelancers can claim as deductions include:
  1. Rent expenses for office space or workspace used for freelancing.
  2. Electricity, telephone, and internet expenses directly related to freelancing work.
  3. Petrol or diesel expenses incurred for business-related travel.
  4. Travel expenses related to freelancing work, such as transportation costs for meetings with clients.
  5. Local taxes and insurance premiums for business property.
  6. Meal, entertainment, or hospitality expenses incurred while meeting with clients or conducting business activities.
  7. Depreciation on capital assets purchased for work, such as laptops, printers, or vehicles used for business purposes.
  8. Office supplies and other miscellaneous expenses directly related to freelancing work.
  9. Any other expenses incurred solely for the purpose of earning revenue from freelancing activities.
Additionally, freelancers can also claim deductions under various sections of the Income Tax Act, such as:
  1. Section 80C: Deductions for investments in instruments like PPF, NSCs, life insurance premiums, etc.
  2. Section 80D: Deductions for medical insurance premiums paid by the freelancer.
  3. Other sections like 80E, 80G, 80TTA, etc., may also provide deductions for specific expenses or investments.

These deductions help freelancers optimize their tax planning and reduce their overall tax burden, ensuring they maximize their net income from freelancing activities.

Indeed, TDS (Tax Deducted at Source) is an important aspect for freelancers to consider, especially when receiving payments for their services.

Here’s a breakdown of TDS for freelancers:
  1. TDS Rate: For freelancers, TDS is deducted at a rate of 10% under Section 194J of the Income Tax Act.
  2. TAN Requirement: The entity making the payment, whether an individual or a company, needs to have a Tax Deduction and Collection Account Number (TAN) to deduct TDS from payments made to freelancers. If the client does not have a TAN, they cannot deduct TDS.
  3. International Clients: Companies or individuals from outside India may not have a TAN, so no TDS is applicable in such cases. Freelancers are then responsible for depositing Advance Tax, if applicable, on their own.
  4. TDS Credit: If TDS has been deducted from payments made to a freelancer, they can claim credit for this tax deducted while calculating their final tax liability.
  5. Tax Refund: Freelancers whose income does not exceed the Basic Exemption Limit or who have TDS exceeding their tax liability may be eligible for a tax refund from the Income Tax Department.

In addition to TDS, freelancers may also need to consider other taxes such as Service Tax, Excise Duty, and Sales Tax, depending on the nature of their services and business operations.

When filing their Income Tax Returns (ITR), freelancers typically use either Form ITR 3 or Form ITR 4. Form ITR 3 is suitable for reporting income from business and profession, while Form ITR 4 is specifically designed for professionals who opt for the presumptive taxation scheme under Section 44ADA.

Having the necessary documents ready, such as income statements, expense records, TDS certificates, and other relevant documents, is essential for smooth and accurate filing of the ITR. This ensures compliance with tax regulations and helps freelancers manage their tax obligations efficiently.

Read More: Guide (Books of Accounts): Bookkeeping and Audit for Business and Profession

Web Stories: Guide (Books of Accounts): Bookkeeping and Audit for Business and Profession

Official Income Tax Return filing website: https://incometaxindia.gov.in/

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