Answer

ITR

Salaried job plus freelance foreign income

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  1. Facts

    Salary is taxed under the salary head and freelance income under business or profession. If conditions are met, you can file ITR-4 with Sec 44ADA for the freelance part; otherwise ITR-3.

  2. Provisions and law

    • Sec 44ADA, Income-tax Act 1961 (now Sec 58, Income-tax Act 2025)Resident professionals with receipts up to ₹50 lakh (₹75 lakh if cash receipts are within 5%) can declare 50% of receipts as income
    • Sec 115BAC, Income-tax Act 1961 (now Sec 202, Income-tax Act 2025)New tax regime is the default; business filers opt out by Form 10-IEA by the due date
  3. Analysis

    Having business income changes how regime switching works; you can switch away from the new regime only through Form 10-IEA by the due date, and switch back once. Example: salary ₹12 lakh and freelance receipts ₹6 lakh give total income of about ₹14.25 lakh under the new regime after the ₹75,000 standard deduction on salary. Check your employment contract allows outside work.

  4. Conclusion

    1. Report salary from Form 16 (now Form 130)
    2. Report freelance receipts under Sec 44ADA
    3. Decide the regime before the due date
    4. File ITR-4 or ITR-3

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Freelancer return with foreign clients, Sec 44ADA

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