Answer

ITR

Software developers and IT freelancers under Sec 44ADA

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  1. Facts

    Information technology is a notified profession for Sec 44AA, and IT work is also commonly treated as technical consultancy. Most practitioners accept Sec 44ADA for freelance software developers.

  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 44AA, Income-tax Act 1961 (now Sec 62, Income-tax Act 2025)Books of account must be kept by professionals and businesses above the income or turnover limits
  3. Analysis

    Example: a developer with ₹40 lakh received through Upwork and direct foreign clients, all by bank, declares ₹20 lakh as income under Sec 44ADA. Under the new regime, tax on ₹20 lakh for AY 2026-27 is about ₹2 lakh before cess. Keep contracts and invoices that show the work is professional services, not sale of software products.

  4. Conclusion

    1. Keep contracts showing service nature
    2. Choose the IT or technical consultancy code
    3. Declare at least 50% of receipts
    4. File ITR-4 or ITR-3 by the due date

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Freelancer return with foreign clients, Sec 44ADA

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