Worldwide Freelancing: Professional Contract Work & Tax Implications in India

The Global Freelancing Wave: Navigating the Waters of Professional Contract Work and Tax Implications in India

In the digital era, the landscape of work has undergone a seismic shift, paving the way for a flourishing community of freelancers and professionals offering their expertise to clients across the globe on a contractual basis. This evolution in the professional domain is marked not only by its opportunities for flexibility and global reach but also by the complex web of tax implications, especially for Indian freelancers servicing international clientele. Understanding these tax nuances is crucial for freelancers to navigate successfully in this global village of professional services.

The Surge of the Freelance Economy and Its Global Appeal

The past decade has witnessed an explosive growth in the freelance economy, driven by technological advancements, the proliferation of digital marketplaces like Upwork and Fiverr, and an increasing appetite for work-life flexibility. This shift has democratised the availability of freelance gigs, enabling Indian professionals in fields such as IT, design, content creation, and consulting to offer their services worldwide.

Advantages of Embracing Freelance Work

Freelancing offers a plethora of benefits, including the freedom to choose clients, flexible working hours, and the opportunity to work from virtually anywhere. This autonomy often translates to higher job satisfaction and a better balance between personal and professional life. For clients, the freelance model promises access to a broad talent pool, cost efficiency, and the flexibility to scale operations according to project needs.

The Complex Landscape of Taxation for Indian Freelancers

The landscape of freelancing in India is not just about the freedom to work on one’s own terms or the ability to choose clients globally; it’s also about understanding and navigating the complex world of taxes. This includes understanding the Income Tax, Goods and Services Tax (GST) and other regulatory implications while providing services to clients both within and outside India. All these aspects are vital for a comprehensive grasp of the tax obligations and benefits available to freelancers.

Income Tax Considerations

Indian freelancers earning income from overseas clients are subject to income tax in India, as the country taxes its residents on their global income. The taxable income includes all earnings from freelancing services, after deducting expenses directly related to the work, such as internet bills, software subscriptions, and depreciation on equipment. Among the various provisions of the Income Tax Act that affect freelancers, Section 44ADA stands out as particularly relevant. This section offers a simplified taxation scheme for professionals, aiming to ease the burden of tax compliance and calculation. Let’s unravel the intricacies of Section 44ADA and its implications for freelancers in India.

Understanding Section 44ADA

Section 44ADA was introduced to simplify the tax filing process for professionals in specified fields, such as legal, medical, engineering, architectural, accountancy, technical consultancy, interior decoration, and any other profession as notified by the CBDT. It applies to resident Indian individuals, Hindu Undivided Families (HUFs), and partnerships (excluding LLPs) with gross receipts not exceeding Rs. 75 lakhs in a financial year. Under this section, 50% of the total gross receipts or turnover is deemed to be the income of the freelancer or professional, and it is taxed as per the applicable income tax slab rates. This presumptive taxation scheme is designed to ease the burden of maintaining detailed books of account and undergoing audit processes.

Benefits of Opting for Section 44ADA

1. Simplified Compliance: Freelancers and professionals can benefit from the simplified tax filing process, as it eliminates the need for detailed bookkeeping and audit requirements if their income falls under this scheme.

2. Flexibility in Declaring Income: Professionals have the flexibility to declare an income higher than the presumed 50% if their actual profits are higher, ensuring they can make accurate tax payments and avoid future liabilities.

3. Advance Tax Relief: Freelancers under Section 44ADA are exempt from paying advance tax if they opt for this scheme and pay their entire tax liability by the 15th of March of the financial year.

Key Considerations for Freelancers under Section 44ADA

Eligibility and Conditions

• The taxpayer must be a resident individual, Hindu Undivided Family (HUF), or a partnership (other than LLP). The benefits under this section are not available to persons who are Non Resident in India as per the provisions of Indian Income Tax Act
• The taxpayer’s gross receipts or turnover from the profession must not exceed INR 50 lakhs in the financial year. From the financial year 2023-24, this limit has been increased to Rs. 75 lakhs, subject to the condition that receipts in cash or non-account payee cheque/bank draft for a year should not exceed 5% of the total gross receipts of the year.
• The taxpayer should be engaged in a profession referred to in section 44AA(1), which includes legal, medical, engineering, architectural, accountancy, technical consultancy, interior decoration, authorised representative, film artist, company secretary, or information technology profession.
• Under this scheme, 50% of the gross receipts are considered as the taxpayer’s income, and no further expenses are allowed as deductions.
• The taxpayer is not required to maintain detailed books of accounts. Further the Taxpayer is also not required to procure or preserve any evidence of incurring expenditure on earning professional income. This simplifies the tax compliance process for eligible professionals, including freelancers, as they do not need to maintain detailed records of their expenses related to their profession.
• The taxpayer can declare income lower than the presumptive income, but in such cases, the taxpayer must maintain books of accounts and get them audited.
• Taxpayers opting for this scheme must file their income tax returns using Form ITR-4.

Important Considerations

Gross Receipts

Under the section 44ADA, 50% of the Gross Receipts is deemed to be the Income of the person, on which the Tax is calculated. It is pertinent to understand the meaning of Gross Receipts. The term “Gross Receipts ‘ has not been defined under the Income Tax Act. The expression “Gross Receipts’ in profession would include all receipts arising from carrying on of such profession. The following receipts shall be included in the Gross Receipts:

• Out of Pocket expenses, recovered by way of consolidated fees.
• Cash assistance received against Exports under any scheme of the Government
• Advance received and forfeited from Customers
• Value of any benefit or perquisite, whether convertible into money or not, arising from business or exercise of a profession.

Following Receipts shall not be included in the Gross Receipts:

• Out of Pocket expenses recovered separately from clients and not by way of consolidated fees.
• Advance for services yet to be rendered.
• Rental Income unless assessable as Business Income
• Interest/ Dividend Income unless assessable as Business Income

Understanding what is included and excluded from gross receipts is important for freelancers opting for the presumptive taxation scheme under Section 44ADA, as it impacts the calculation of their taxable income.

Expenditure

Expenditure incurred by a Professional can be broadly divided into two parts- (i) one is the part which is supposed to have been spent on earning professional income (may be called professional expenditure) and (ii) second part is the one which is not spent on earning professional income (may be called personal expenditure).

While taxpayers opting for the presumptive taxation scheme under Section 44ADA are not required to procure or preserve any evidence of incurring expenditure on earning professional income, they should preserve evidence for the bifurcation of professional expenditure and personal expenditure.

Under this scheme, only the professional expenditure is allowed as a deduction for calculating the taxable income (up to a limit of 50% of gross receipts). Personal expenditure, which is not spent on earning professional income, is not allowed as a deduction.

Therefore, even though detailed records of expenses are not required, it’s important for taxpayers to maintain some evidence to support the bifurcation of professional and personal expenditure in case of any scrutiny by the tax authorities.

Professional Expenditure in case of Freelancers will include:

1. Rent Expense

2. Salary to Staff

3. Electricity Expense

4. Internet, Mobile Phone Expenses

5. Travelling Expenditure incurred for seminars, meetings related to the Project

6. Interest on Loan borrowed for Professional purpose.

7. Depreciation on Computers/Laptops used for the Profession

8. Any other Expenditure having nexus to earning Professional Income.

Following Expenditures will be personal expenditures and cannot be claimed as incurred for the Profession:

1. Income Tax or any other Direct Tax

2. Household Expenditure

3. Personal Tours and Travels

4. Payment of Loans, whether taken for professional or personal purpose.

5. Investment in Shares/ Mutual Funds/ Fixed Deposits etc.

6. Gifts

7. Capital Expenditures like purchase of House

8. Investment/ Expenditure for which deduction claimed under Chapter VI-A

9. Any other Expenditure not having any nexus with earning Professional Income

Examples

1. A professional has gross receipts at Rs. 70 lakhs. All the receipts are credited in the bank account. If saving in the bank account at the end of the year (out of the professional receipt) is Rs.10 lakhs and expenditure incurred during the year is Rs. 60 lakhs (out of which 30 lakhs is personal expenditure and Rs.30 lakhs is professional expenditure), then the Income u/s 44ADA will be Rs.40 lakhs (i.e. 70 lakhs Gross Receipts minus 30 lakhs Professional Expenditure), and not Rs.35 Lakhs (being 50% of Gross Receipts)

2. In the above example, if Professional Expenditure during the year is Rs.40 lakhs, then the Income u/s 44ADA will be Rs. 35 Lakhs (i.e. higher of 50% of Gross Receipts or Actual Income i.e. 30 lakhs). If the taxpayer wants to declare Income at Rs.30 lakhs instead of Rs. 35 lakhs, then he will be required to procure and preserve vouchers of all expenses, maintain books of accounts and get them audited.

3. An assessee has professional receipt of Rs. 60 lakhs in the FY 2023-24 out of which Rs. 10 lakh is also received by cash and is credited in the bank account. The benefit of presumptive taxation will not be available to him for the financial year 2023-24.

Navigating Section 44ADA for Optimal Tax Planning

Freelancers considering Section 44ADA should undertake strategic tax planning, perhaps consulting with a tax professional to understand the nuances fully. It’s crucial to weigh the benefits of presumptive taxation against the potential of claiming higher deductions through regular bookkeeping, especially for those whose actual expenses significantly exceed 50% of their gross receipts.

Moreover, staying abreast of any amendments to tax laws and understanding their implications is essential for making informed decisions that align with one’s financial goals and compliance requirements.

In conclusion, Section 44ADA of the Income Tax Act presents a valuable option for freelancers and professionals in India, offering a simplified compliance pathway and potentially lower tax liabilities. By carefully evaluating their eligibility, benefits, and considerations, freelancers can navigate the complexities of tax planning more effectively, ensuring compliance while optimizing their financial outcomes.

Goods and Services Tax (GST) Considerations

GST Implications

The Goods and Services Tax (GST) is indeed a significant consideration for freelancers in India. Here are the key points:

1. GST on Supply of Services:

• Under the Indian GST Act, GST is levied on the supply of goods or services.
• Freelancers providing services to clients for consideration fall under the definition of supply of services.
• The applicable GST rate for services provided by freelancers is 18%.

2. GST Registration:

• Freelancers must register for GST if their gross turnover during the financial year (April to March) exceeds Rs. 20 lakhs.
• In special category states, this threshold is Rs. 10 lakhs.
• GST Registration is not mandatory, If the annual turnover is below these limits.

3. Export of Services:

• Freelancers providing services to clients outside India fall under the category of “export of services.”
• Export of services is treated as a “zero-rated supply” under GST.

Understanding these GST provisions helps freelancers ensure compliance with tax laws and take advantage of available benefits for exporting services, enhancing their overall profitability.

GST Implications for Services Provided to Clients Outside India

As the freelance economy burgeons, both freelancers and their clients must adapt to the evolving dynamics of professional services. For freelancers in India, especially those engaging with international clients, a clear understanding of the tax obligations under various regulations is crucial.

When it comes to providing services to international clients, GST plays a crucial role. The GST framework categorises services provided to overseas clients as ‘Export of Services’, which has specific implications:

• Zero-rated Supply: Export of services is considered a zero-rated supply under GST, meaning that while the services are subject to GST, the rate is effectively 0%. This allows freelancers to export services without the burden of GST on their overseas clients.
• Refund of GST: Freelancers have two options for handling GST on export of services:

i) Export without Payment of GST: They can export services without charging GST and then claim a refund on GST paid on inputs and input services.

ii) Export with Payment of GST: They can export services by paying GST and subsequently claim a refund of the GST paid (subject to fulfilling certain conditions).

• GST Registration: Although GST registration is mandatory only if the turnover exceeds Rs. 20 lakhs (Rs. 10 lakhs in special category states), it can be beneficial for freelancers providing services to clients outside India to get registered under GST for several reasons. By registering under GST, freelancers can claim refunds on the GST paid on inputs and input services used in providing export services, thus reducing their operational costs. GST registration can offer significant financial and operational benefits for freelancers engaging with international clients.
• Input Tax Credit: Freelancers can claim Input Tax Credit (ITC) for the GST paid on inputs that are related to the export of services. This can include anything from office supplies to software subscriptions that are directly related to the services being exported. However GST charged on Expenses incurred for personal use is not available as Input Tax Credit.

Compliances under GST

Once a person is registered under GST, certain compliances need to be adhered to, regardless of whether the services are provided to clients in India or abroad. The major compliances include:

1. Filing GST Returns:

GST returns must be filed on a monthly or quarterly basis, depending on the turnover and the type of taxpayer. This includes returns such as GSTR-1 (details of outward supplies) and GSTR-3B (summary return).

2. Letter of Undertaking (LUT)/Bonds:

To avail the benefit of making exports of services without the payment of tax, freelancers must file a Letter of Undertaking (LUT) or Bonds every year. This helps in exporting services without charging GST and later claiming a refund on input taxes.

3. Issuing Tax Invoices:

A tax invoice must be issued to the client/service receiver in compliance with the requirements of the GST Act. The invoice should include all mandatory details such as the GSTIN of the supplier, a description of services, the value of services, GST rate, amount of tax charged, etc.

4. Maintaining Records and Documents:

Records and documents as prescribed under the GST Act must be maintained. This includes keeping detailed records of all financial transactions, invoices issued, GST returns filed, and other relevant documents for a specified period.

Ensuring adherence to these compliances is crucial for freelancers to remain GST compliant, avoid penalties, and make the most of the benefits available under the GST regime.

Conditions for Zero Rated Exports

To claim the benefit of services provided to clients outside India being treated as zero-rated under the GST Act, freelancers must fulfil certain conditions. If the conditions are not fulfilled, the Services will not be treated as Zero Rated, and will be chargeable to Tax @ 18% in India. The main conditions include:

1. Location of Service Provider:

The freelancer providing the service must be located in India.

2. Location of Service Recipient:

The client or service recipient should be located outside India.

3. Payment in Convertible Foreign Exchange:

Payment for the service must be received by the freelancer in convertible foreign exchange. Recent court judgments have held that this condition is deemed to be satisfied even if the payments are routed through intermediaries like PayPal, which directly credit the amounts received in Indian currency into the freelancer’s account.

By meeting these conditions, freelancers can benefit from the zero-rated supply provisions under GST, allowing them to either export services without paying GST and claim a refund on input taxes, or export with payment of GST and claim a refund of the same.

Conditions to be fulfilled for claiming Refund of GST by Freelancers

To claim a refund of GST by freelancers, several conditions must be fulfilled:

1. GST Registration: The freelancer must be registered under the GST Act.

2. Tax Invoices: Obtain tax invoices for goods/services received, which should contain the GSTIN of the freelancer. These invoices might need to be produced to the tax officer if demanded.

3. Eligible Refunds: Refund cannot be claimed for capital goods. Refunds are only available for the inputs and input services used by the freelancer for providing the services.

4. Exclusion of Personal Use: Input Tax Credit (ITC) for goods/services used for personal purposes cannot be claimed.

5. Section 17(5) Restrictions: The ITC should not be restricted under Section 17(5) of the GST Act, which specifies certain blocked credits.

6. Supplier Compliance: The tax charged on the invoices should be paid by the supplier to the government, and GST returns should be filed correctly, mentioning the freelancer’s GSTIN while reporting the invoices.

7. Foreign Inward Remittance Certificate: A Foreign Inward Remittance Certificate (FIRC) for receipts in convertible foreign exchange must be submitted while filing the refund application.

By meeting these conditions, freelancers can ensure they are eligible for claiming a refund of the GST paid on inputs and input services used for providing their services.

In conclusion, understanding the income tax and GST implications is crucial for freelancers providing services to clients outside India. By opting for the presumptive taxation scheme under Section 44ADA, freelancers can simplify their income tax calculations and compliance. Registering under GST, although mandatory only for those with a turnover exceeding Rs. 20 lakhs, can offer significant advantages, including claiming refunds on input taxes and benefiting from zero-rated supply provisions for export of services. These tax benefits not only enhance profitability but also ensure compliance and credibility in the international market. As the freelance economy continues to grow, staying informed and adhering to these tax obligations will empower freelancers to optimize their financial management and achieve sustainable growth in their professional endeavors.

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Disclaimer: This article is intended for educational purposes only and should not be construed as professional advice. Readers are advised to consult with a qualified tax professional for advice on their specific situation before taking any action based on the information provided in this article.CA. Mohit Gaba takes no responsibility for any actions taken or decisions made based on the information provided in this article.

(Author: CA. Mohit Gaba, N.K. GABA & Co. Chartered Accountants. The author can be reached at camohitgaba@gmail.com, M: +919872473334)