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Business & Profession

Presumptive Taxation Schemes

TL
ThinkLedger Editorial
3 min read

Introduction

An assessee has two options to pay tax on business income. Under the first option, he can compute taxable income on the basis of books of account. The second option is Presumptive Tax Scheme wherein the income will be estimated at a prescribed percentage or amount on the basis of total turnover or gross receipts. Various Presumptive taxation schemes are available for resident and non-resident assessees.

1. Presumptive Scheme for Residents

(a) Presumptive Taxation Scheme for Businesses under Section58(2) [Table S. No. 1]

(b) Presumptive Taxation Scheme for Professions under Section 58(2) [Table S. No. 3]

(c) Presumptive Taxation Scheme for Goods Transport Agency under Section 58(2) [Table S. No. 2]

2. Presumptive Scheme for Non-Residents

(a) Presumptive Taxation Scheme for Goods Transport Agency under Section 58(2) [Table S. No. 2]

(b) Presumptive Taxation Scheme for Shipping Businesses under Section 61(2) [Table S. No. 1]

(c) Presumptive Taxation Scheme for Exploration Business under Section 61(2) [Table S. No. 5]

(d) Presumptive Taxation Scheme for Airline Cos. under Section 61(2) [Table S. No. 3]

(e) Presumptive Taxation Scheme for Civil Construction Cos. under Section 61(2) [Table S. No. 4]

(f) Presumptive Taxation Scheme for Cruise Shipping Businesses under Section 61(2) [Table S. No. 2]

(g) Presumptive Taxation Scheme for providing services or technology for setting up electronics manufacturing facilities in India under Section 61(2) [Table S. No. 6]

3. Overview

Section Eligible Assessee Eligible Business Presumptive Income Consequences on opting out
58(2) [Table S. No. 1]

Resident persons being:

a) Individual

b) HUF

c) Partnership Firm (excluding LLP)

Any business (other than commission and agency business)
  • 8% of gross turnover.

  • 6% for the sum received through banking channels

  • Mandatory to maintain books of account and get them audited

  • Can’t opt again for next 5 years

Section 58(2) [Table S. No. 3]

Resident persons being:

a) Individual

b) Partnership Firm (Other than LLP)

Specified Professions 50% of gross receipts Mandatory to maintain books of account and get them audited
Section 58(2) [Table S. No. 2] Any assessee (resident or non-resident) Plying, hiring or leasing of goods carriages
  • Heavy goods carriage vehicle: Rs. 1,000 per ton

  • Other goods carriage vehicle: Rs. 7,500 per month or part of the month

Mandatory to maintain books of account and get them audited
Section 61(2) [Table S. No. 1] Non-resident Shipping business other than cruise shipping 7.5% of receipts -
Section 61(2) [Table S. No. 5] Non-resident Providing facilities or services for exploration of mineral oil 10% of receipts Mandatory to maintain books of account and get them audited
Section 61(2) [Table S. No. 3] Non-resident Operation of aircraft 5% of receipts -
Section 61(2) [Table S. No. 4] Foreign Company Civil construction in connection with turnkey power project 10% of receipts Mandatory to maintain books of account and get them audited
Section 61(2) [Table S. No. 2] Non-resident Business of operation of cruise ships 20% of receipts -
Section 61(2) [Table S. No. 6] Non-resident Providing services or technology for setting up electronics manufacturing facilities in India 25% of receipts -

This article is general information and not tax advice. Provisions change. Confirm your position with a qualified professional before acting.

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