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Sample GSTR-1 due today. 2 more this month for a Pvt Ltd.
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Questions, answered the CA way
Facts, Provisions and law, Analysis, Conclusion.
TDS on Professional Fees: Section 393 (old 194J)
- Facts
- If you pay fees to a doctor, lawyer, CA, consultant, IT developer, or any professional above ₹30,000 in a year, you must deduct 10% TDS before paying them. Most small businesses and startups pay freelancers without TDS. The professional loses nothing (gets TDS credit). But the payer becomes an assessee in default with interest and penalty equal to TDS.
- Provisions and law
- Sec 393 (old 194J(1)); Professional services defined; Threshold; Exemptions; Sec 398 (old 201)
- Analysis
- Sec 393, Income-tax Act 2025 (old Sec 194J) rate clarification, 2% vs 10%: From April 1, 2020: professional services (doctor, lawyer, CA, architect, technical consultant) = 10%. Technical services (IT maintenance, call centre, software support, data analytics) = 2%. This split matters: a company paying an IT developer for software maintenance (technical services) deducts 2%, not 10%. But same company paying IT consultant for strategic advice (professional services) = 10%. The distinction is blurred in practice, when in doubt, use 10%. When Sec 393 (old Sec 194J) applies to startups and small companies: A Pvt Ltd company (even with ₹50L revenue) must deduct TDS under Sec 393 (old Sec 194J) if they pay professional fees. The audit threshold exemption is for individuals/HUF only. Any company = must deduct Sec 393 (old Sec 194J). Many startups miss this, they pay CA, lawyers, freelance developers and don't deduct TDS. Common audit exposure.
- Conclusion
- Identify: does your entity (company/audit-applicable proprietor) pay any professional fees?
- Check if cumulative professional fees to any one person cross ₹30,000 in the year
- Determine rate: 10% (professional services, lawyer, doctor, CA, architect) or 2% (technical services, IT maintenance, call centre)
- Collect recipient's PAN before payment, without PAN: deduct at 20%
GST Mandatory Registration: Threshold and Triggers
- Facts
- Registration is the foundation of GST compliance. Miss the threshold, delay beyond 30 days, or supply inter-state without registration, penalty is 100% of tax or ₹10,000. Most small business owners discover the obligation only after a notice.
- Provisions and law
- Sec 22(1); Sec 24; Sec 29(2); Sec 122(1); Rule 8, 9
- Analysis
- Aggregate turnover definition: All taxable + exempt + zero-rated + nil-rated supplies on PAN-India basis. Excludes inward supplies under reverse charge. Includes multiple GSTINs under same PAN. A single person with businesses in Delhi and Mumbai: add both states' turnover for threshold check. Special category states (lower threshold): Manipur, Meghalaya, Mizoram, Nagaland, Tripura, Sikkim, Arunachal Pradesh, Uttarakhand, Himachal Pradesh, J&K: ₹10L for services, ₹20L for goods. Inter-state, no threshold: The moment a supplier makes even ONE inter-state supply, say a Delhi freelancer invoices a client in Mumbai, registration is mandatory regardless of annual turnover. This is the most commonly missed trigger. Selling on Amazon to customers in another state = inter-state.
- Conclusion
- Calculate aggregate turnover for current FY: all supplies across all states, all businesses under same PAN
- Check: any inter-state supply made? (Even one invoice to another state = registration mandatory)
- Check: are you selling on Amazon/Flipkart/Meesho? (E-commerce aggregator = mandatory registration)
- Check: do you purchase from unregistered suppliers above ₹5,000/day? (RCM may apply)
Freelancer with Foreign Clients: Tax, GST, and FEMA Complete
- Facts
- India-based freelancer earning from US/UK/UAE clients: three compliance layers. Income Tax: declare foreign income, pay at slab rate. GST: export of services = zero-rated, but registration needed. FEMA: receive payment in USD via AD bank, convert within stipulated time. Get all three wrong and you have an IT notice, a GST notice, and an RBI violation.
- Provisions and law
- Sec 58 (old 44ADA); GST, Zero Rated Export; FEMA, EEFC; Sec 393 (old 195), No TDS
- Analysis
- GST myth: Many freelancers think they must charge 18% GST to foreign clients. Wrong. Export of services = zero-rated. Charge 0% GST. File LUT (Letter of Undertaking) once per year on GST portal. No GST collected from foreign client. No refund to claim. FEMA receipt deadline: Invoice raised March 1: payment must reach India by November 30 (9 months). If client delays: apply to RBI for extension. Funds beyond 9 months without RBI approval = FEMA violation. Currency conversion timing: Income recognized when received (not invoiced). Use RBI rate on date of receipt. If received in EEFC account: recognized when converted to INR. Keep EEFC account if you have USD expenses (cheaper than converting both ways). The new regime advantage for freelancers: Foreign income ₹30L → Sec 58, Income-tax Act 2025 (old Sec 44ADA): ₹15L taxable → new regime tax ≈ ₹2.1L. Old regime with Sec 123 (old Sec 80C): ₹13.5L taxable → tax ≈ ₹2.5L.
- Conclusion
- Determine if profession is in Sec 58 (old Sec 44ADA) specified list (IT, consultant, designer, generally yes)
- Open EEFC account at your bank for direct foreign currency receipt
- File LUT (Letter of Undertaking) on GST portal before raising first foreign invoice
- Raise invoice in USD to foreign client, zero GST charged
TDS on Property Purchase: Section 393(1) (old 194IA), Form 141 (old Form 26QB)
- Facts
- When you buy any property valued above ₹50L, you must deduct 1% TDS from the payment to the seller and deposit it with the government. This is not optional. The buyer is responsible, not the seller. Non-compliance: buyer becomes assessee in default with 1.5%/month interest and penalty equal to TDS. Most property buyers discover this obligation only after receiving a notice.
- Provisions and law
- Sec 393(1) (old 194IA(1)); Sec 393(1) (old 194IA(2)); Rule 26QB; TDS on each payment; Agriculture land
- Analysis
- How Sec 393(1) Table Sl. No. 3(i), Income-tax Act 2025 (old Sec 194IA) works step by step: Buyer pays token money ₹5L (Day 1). TDS: 1% of ₹5L = ₹5,000. Pay ₹4,95,000 to seller. Deposit ₹5,000 TDS to government. File Form 141 (old Form 26QB) within 30 days. Next milestone payment ₹20L (Day 60). TDS: ₹20,000. Same process. At registration: balance payment ₹25L. TDS: ₹25,000. Same process. Total TDS for ₹50L property: ₹50,000 (1%). Each payment requires separate Form 141 (old Form 26QB). What is included in "consideration": Base property price. Parking charges (if mentioned in agreement). Maintenance deposit (if part of agreement consideration). Club/amenity charges in agreement. All components mentioned in agreement = total consideration. If total consideration (all components) ≥ ₹50L: TDS applies on the full amount. If total consideration < ₹50L: no TDS even if individual apartment price seems high.
- Conclusion
- Check: is total property consideration (all components) ≥ ₹50L? If yes: Sec 393(1) Table Sl. No. 3(i) (old Sec 194IA) applies
- Collect seller's PAN, mandatory for Form 141 (old Form 26QB). Without seller PAN: TDS rate = 20%.
- Deduct 1% TDS from each payment to seller (token, milestones, registry payment)
- Pay net amount (99%) to seller, deposit 1% TDS online at incometax.gov.in or TIN-NSDL
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