1. A PRESUMPTIVE INCOME SCHEME FOR PROFESSIONALS
The existing scheme of taxation provides for a simplified presumptive income scheme for persons engaged in business. The Committee was of the view that this scheme is quite popular amongst small traders. It was felt that there is a strong case for introducing a similar simplified presumptive income scheme for professionals. Accordingly, the Committee recommends the introduction of a presumptive income scheme whereby the income from profession will be estimated to be thirty three and one-third (33 1/3%) of the total receipts in the previous year. The benefit of this scheme will be restricted to professionals whose total receipts do not exceed one crore rupees during the financial year.
2. AMENDMENTS RECOMMENDED
Based on the aforesaid recommendation, the following amendment should be made in the Income-tax Act, 1961:-
Special provision for computing profits and gains of profession on presumptive basis [Section 44AG]
In the Income-tax Act, after section 44AF, the following section shall be inserted with effect from the 1st day of April, 2017,-
“44AG. (1) Notwithstanding anything to the contrary contained in sections 28 to 43C, in the case of an eligible assessee engaged in an eligible profession, the profits and gains of such profession chargeable to tax under the head “Profits and gains of business or profession” shall be deemed to be –
(i) a sum equal to thirty three and one-third per cent of the gross receipts of the assessee in the previous year on account of such profession; or
(ii) a sum higher than the aforesaid sum claimed to have been earned by the eligible assessee.
(2) Any deduction allowable under the provisions of sections 30 to 38 shall, for the purposes of sub-section (1), be deemed to have been already given full effect to and no further deduction under those sections shall be allowed:
Provided that where the eligible assessee is a firm, the salary and interest paid to its partners shall be deducted from the income computed under sub-section (1) subject to the conditions and limits specified in clause (b) of section 40.
(3) The written down value of any asset of an eligible profession shall be deemed to have been calculated as if the eligible assessee had claimed and had been actually allowed the deduction in respect of the depreciation for each of the relevant assessment years.
(4) Notwithstanding anything contained in the foregoing provisions of this section, an eligible assessee who claims that his profits and gains from the eligible profession are lower than the profits and gains specified in sub-section (1), shall be required to keep and maintain such books of account and other documents as required under subsection (5) of section 44AA and get them audited and furnish a report of such audit as required under sub-section (2) of section 44AA provided the gross receipts from such profession exceed rupees twenty lakhs.
Explanation.—For the purposes of this section,—
(a) “eligible assessee” means,—
(i) an individual, Hindu undivided family or a partnership firm, who is a resident, but not a limited liability partnership firm as defined under clause (n) of sub-section (1) of section 2 of the Limited Liability Partnership Act, 2008 (6 of 2009); and
(ii) who has not claimed deduction under any of the sections 10A, 10AA, 10B, 10BA or deduction under any provisions of Chapter VIA under the heading “C. – Deductions in respect of certain incomes” in the relevant assessment year;
(b) “eligible profession” means,—
(i) the legal, medical, engineering or architectural profession or the profession of accountancy or technical consultancy or interior decoration or any other profession as may be prescribed; and
(ii) whose total gross receipts in the previous year does not exceed an amount of one crore rupees.”.
The rate of such presumptive scheme is too higher in compare to the rate specified under section 44AD of Income tax for Business Entities and there should be also some criteria of Relaxation from maintenance of books of account as per under section 44AA.
It’s time for it. Presumed income may be taken at a higher level. This will save lot of heartburns, avoidable cost of compliances etc.
We professionals must also accept that we need to re orient our professional activities to assist a person & do the tax planning.
It is controversial as tax audit on Rs. 25 Lakh, which also require to be changed.
Sir, why LLP structures are likely to be kept out of the supposed presumptive tax scheme ?
To increase limit in Income tax Say 1 Crore, however as per Service tax law limit is only proposed to be increased to 25 lacs, now to pay tax techincally books of accounts are to be maintained. I think they should rethink with regards to Threshold limit only, rest of the povision seems very interesting.
It is controversial as tax audit on Rs. 25 Lakh where as limit is Rs. 1 Crore.
It will be very good step, Presumptive income proposed is semms to be higher side it must be restrict to 20.00 to 25% only, every profession do;not have such high % of return and if it will restrict to 20% more professional will go for presumptive taxation instead of audit
Similar changes are to be done in the ITR – 5.
It’s time for it. Presumed income may be taken at a higher level. This will save lot of heartburns, avoidable cost of compliances etc.
We CAs and advocates must also accept that we need to re orient our professional activities to assist a person to ‘earn’ more, rather than in meeting ‘compliances’ issues.