Income Tax for Freelancers

5paisa Research Team Date: 29 Apr, 2024 12:31 PM IST

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A freelancer is someone who works for themselves offering services to different clients instead of being employed by one company. They work on contracts in fields like writing, design, web development and more. Because freelancers earn money from their work they have to pay taxes. In this blog, we'll break down everything freelancers need to know about paying income taxes.

What is Freelancing As Per Income Tax Rules?

According to the Income Tax Laws any income earned by individuals through their manual or intellectual skills is labeled as Profit and Gains from Business and Profession. Freelancing falls under this category meaning freelancers must abide by business tax regulations and file their tax returns accordingly.

Freelancers encompass a wide array of professionals including blog consultants, content writers, software developers, tutors, web designers and fashion designers among others. Regardless of their specific freelancing work all income earned through these activities is subject to taxation.
 

What is Freelancing Income?

Freelancing income is the money you earn by working on specific projects or tasks as a freelancer rather than being a regular employee of a company. Unlike employees, freelancers don't receive benefits like Provident Fund contributions. Instead they work independently using their skills to complete assignments within a set timeframe.

Legally and for tax purposes in India freelancing income is considered Profits and Gains from Business or Profession. This recognizes that freelancers essentially run their own small businesses or operate as independent professionals. Because of this freelancers are responsible for paying taxes on the income they earn.

To figure out your freelancing income for the year you add up all the money you receive from your professional work. This could include project fees, hourly rates or any other agreed upon payments. Many freelancers keep track of their earnings by reviewing their bank account statements which show all the money coming in from their work.

It's important to note that freelancers calculate their income for a specific period usually from April 1st of one year to March 31st of the next. Also, any loans you take out during this time don't count as part of your income.
 

Taxation Rules for Freelancers in India

Aspect

Details

Tax Treatment Freelancing income is treated as Profits and Gains of Business or Profession.
Filing Return Freelancers must file income tax returns using either ITR 3 or ITR 4 based on their income sources and business setup.
Record Keeping Freelancers should maintain proper records of business transactions and keep books of accounts.
Tax Deductions Freelancers can claim deductions like business expenses, office rent, travel expenses etc. to lower their taxable income.
Goods and Services Tax Depending on how much money freelancers make they might have to sign up for GST and add GST charges to the services they offer.
Advance Tax Freelancers need to pay advance tax if their estimated tax liability exceeds a certain threshold paid in installments throughout the year.
Tax Slabs and Rates Freelancers are taxed based on individual income tax slabs and rates which may change annually with the budget.
Tax Audit If a freelancer's total turnover exceeds INR 2 cr they may be subject to a tax audit.

What are the different tax deductions that Indian freelancers can use?

1. Section 80C: This section allows freelancers to claim a tax deduction of up to INR 1.5 lakhs by investing in specified schemes like Equity Linked Savings Schemes, Unit Linked Insurance Plans, Fixed Deposits and by paying tuition fees for children's education.

2. Section 80CCC: Freelancers can avail a tax deduction of up to INR 1.5 lakhs for contributions made towards pension plans.

3. Section 80CCD: This section allows deductions for investments made in Central Government Pension Schemes. The total deduction under Sections 80C, 80CCC and 80CCD(1) cannot exceed INR 1.5 lakhs.

4. Section 80CCF: Freelancers can avail of an exemption for investing in long term infrastructure bonds up to Rs 20,000.

5. Section 80CCG: This section offers an exemption of up to INR 25,000 for investing in the government Equity Savings Scheme.

6. Section 80D: Deductions are available for health insurance premium payments made for self, spouse, children or parents. The amount you can subtract from your taxes depends on how old you are and the kind of insurance you have.

7. Section 80DD: Freelancers can claim an exemption for expenses incurred on medical treatment, training and rehabilitation of handicapped dependents. The deduction limit is INR 75,000 for normal disabilities and INR 1.25 lakhs for severe disabilities.

8. Section 80G: This section allows freelancers to claim a 100% deduction on donations made to specified charitable trusts and relief funds. However the deduction amount varies depending on the type of donation and the recipient organization.

9. Section 80E: Tax deduction is available on the interest paid on education loans taken for higher studies. Deduction is available for a maximum of 8 years or until the interest is paid in full whichever is earlier.

10. Section 80EE: This section provides tax benefits against payment made towards residential loan interest for first time homebuyers up to INR 50,000.

These deductions and exemptions provide freelancers with opportunities to lower their taxable income and save on their tax liabilities while making investments, paying for essential expenses or contributing to charitable causes.

Advance Tax Payment Schedule for Freelancers

Advance tax is a system where taxpayers like freelancers pay part of their yearly taxes in installments throughout the financial year rather than all at once. Freelancers have to make four payments by specific dates:

• June 15th
• September 15th
• December 15th
• March 15th

These dates are spaced out to make it easier for freelancers to manage their finances. It's important for freelancers to accurately estimate their yearly income and taxes to make these payments on time.

If freelancers miss these deadlines they may face penalties and interest charges. There are two main penalty sections.

Section 234B: If the total tax liability for the year is Rs. 10,000 or more and advance tax payments aren't made a penalty is imposed.

Section 234C: If freelancers don't pay the required advance tax by the specified dates interest is charged to encourage timely payments.

To avoid these penalties freelancers should ensure their advance tax payments until March 31st cover at least 100% of their total tax payable.
 

What are the Tax Applicability and Income Tax Return Procedures for Freelancers?

Freelancing is a popular career choice in India because it gives people flexibility and independence. But freelancers need to know about taxes and follow the rules.

1. Income Tax for Freelancers

Freelancers have to pay taxes based on how much they earn. The tax rate depends on their total income for the year. Freelancers can choose from different tax systems each with its own rules and deductions. Here are the tax rates for freelancers who are under 60 years old.


 

Income Tax Slab

Old Tax Regime New Tax Regime (until 31st March 2023) New Tax Regime (From 1st April 2023)
Rs 0 - Rs 2,50,000 - - -
Rs 2,50,000 - Rs 3,00,000 5% 5% -
Rs 3,00,000 - Rs 5,00,000 5% 5% 5%
Rs 5,00,000 - Rs 6,00,000 20% 10% 5%
Rs 6,00,000 - Rs 7,50,000 20% 10% 10%
Rs 7,50,000 - Rs 9,00,000 20% 15% 10%
Rs 9,00,000 - Rs 10,00,000 20% 15% 15%
Rs 10,00,000 - Rs 12,00,000 30% 20% 15%
Rs 12,00,000 - Rs 12,50,000 30% 20% 20%
Rs 12,50,000 - Rs 15,00,000 30% 25% 20%
More than Rs 15,00,000 30% 30% 30%

2. Goods & Services Tax for Freelancers

For freelancers, if their total earnings exceed Rs. 20 lakhs in a year or Rs. 10 lakhs for North Eastern and Hill states, they must register for Goods and Services Tax. GST is a tax charged on the services they provide. Standard GST rate for most services is 18% but it can vary based on the type of service.

3. Presumptive Taxation Scheme under Section 44ADA

Presumptive Taxation Scheme under Section 44ADA of the Income Tax Act, 1961, is a way to simplify taxes for freelancers. If freelancers choose this scheme they only need to pay taxes on half of their total yearly income as long as it's less than Rs. 50 lakhs. This can reduce the tax burden for eligible freelancers.

4. Tax Audit for Gross Annual Income Exceeding Rs. 1 Cr

If a freelancer's total yearly income is more than Rs. 1 cr they must undergo a tax audit for their business income. This audit checks if they're following tax rules correctly and reporting their income accurately.

5. TDS for Freelancers

When a freelancer pays other professionals more than Rs 30,000 in total during the year they need to deduct TDS at a rate of 10%. This deduction ensures that taxes are collected smoothly and can affect a freelancer's cash flow.

6. ITR Filing for Freelancers

If freelancers choose the Presumptive Taxation Scheme, they can use the Rs 4 form to file their income tax returns. This form is made specifically for those under this scheme offering an easier way to file returns.

If freelancers choose not to use the Presumptive Taxation Scheme they have to use Form ITR 3. This form is specifically for reporting income from their freelance work and needs detailed information about how much they earn what they spend and other financial details.
 

Deductions for Income Tax Filing for Freelancers

Freelancers are entitled to claim various deductions while filing their income tax returns helping reduce their taxable income and ultimately lowering their tax liability. Here's a breakdown of essential deductions freelancers can consider.

1. Business Expenses: This includes costs directly related to freelancing work such as office rent, internet bills, office supplies, travel expenses for work, professional memberships and other necessary expenditures incurred while conducting freelance activities.

2. Depreciation on Assets: If freelancers use assets for their work such as computers or cameras they can claim depreciation on those assets. Depreciation represents the wear and tear of the asset over time and freelancers can deduct a portion of its value as an expense.

3. Professional Fees and Subscriptions: Fees paid for professional services like hiring an accountant or lawyer are deductible. Freelancers can also deduct the cost of subscribing to professional journals and magazines that are useful for their work.

4. Health Insurance Premiums: Premiums paid for health insurance for themselves or their family are eligible for deduction under Section 80D of the Income Tax Act.

5. Life Insurance Premiums: Premiums paid for life insurance policies are deductible under Section 80C subject to specified limits.

6. Provident Fund Contributions: Contributions made to the Employee Provident Fund or Public Provident Fund account are eligible for deduction under Section 80C.

7. National Pension System Contributions: Freelancers can claim deductions on contributions made to the NPS under Section 80CCD(1B) over and above the limit of Section 80C.

8. Home Loan Interest: If freelancers have taken a home loan the interest paid on the loan is eligible for deduction under Section 24(b) of the Income Tax Act.

9. Donations: Donations made to eligible charitable organizations qualify for deductions under Section 80G of the Income Tax Act.

These deductions help freelancers optimize their tax returns and manage their finances effectively. Freelancers need to keep records of these expenses and ensure they meet the criteria outlined by the Income Tax Act.
 

What are the Forms that Need to be Used While Filing the ITR?

As a freelancer, when you file your tax returns you can use Form ITR 4. If your income exceeds Rs 1 cr you'll need to get your account books audited as per Section 44AB of the Income Tax laws. Deadline for filing your tax return in this case is September 31st.

However, if your turnover is less than Rs 1 crore no audit is required and you must submit your tax return by July 31st.

If you choose the Presumptive Method of taxation under Sections 44AD and 44AE of the Income Tax Act you should use Form 4S for filing your tax returns.
 

Conclusion

Setting up your business, organizing your money separately from personal finances maintaining detailed records and paying taxes on time are all crucial for financial success. Plus you can lower your tax bill by claiming deductions for things like business costs and health insurance premiums allowing you to keep more of your earnings.

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