ITR Filing Guide for Self-Employed Professionals: Act 1961 vs Act 2025 Explained
Filing ITR for freelancers and professionals can be complex due to income calculations, TDS, and compliance rules. Understanding both current and upcoming tax laws helps ensure smooth and penalty-free filing.
ITR FILING UNDER INCOME-TAX ACT, 1961 (FY 2025-26, AY 2026-27)
Self-employed individuals must report income under "Profits & Gains of Business or Profession (PGBP)".
Applicable ITR Forms
- ITR-4: For presumptive taxation (simple cases)
- ITR-3: If maintaining books of accounts
Due Date
- July 31, 2026 (non-audit cases)
Key Presumptive Taxation Options
- Section 44ADA (Professionals)
- 50% of receipts treated as profit
- Applicable if income < ₹75 lakh
- Example: ₹50 lakh income → ₹25 lakh taxable
- Section 44AD (Businesses)
- 8% (cash) / 6% (digital) of turnover
- Applicable up to ₹2–3 crore
Key Compliance Steps
- Maintain invoices and records
- Deduct expenses (if not opting presumptive)
- Verify TDS from clients (10% under Section 194J) via:
- Form 26AS
- AIS
- TIS
Deductions Available
- Section 80C: Investments
- Section 80D: Health insurance
- Section 37(1): Business expenses
Advance Tax
- Pay quarterly under Section 211
- Avoid interest under Sections 234B & 234C
Forms Used
- Form 16A (TDS by clients)
- ITR-3 / ITR-4
- Form 3CD (if audit applicable under Section 44AB)
ITR FILING UNDER INCOME-TAX ACT, 2025 (FROM FY 2026-27)
The new law simplifies structure but keeps core taxation principles unchanged.
Key Changes
- Section 44AD → Section 285
- Section 44ADA → Section 286
- Section 194J → Section 393(3)
- Section 80C/80D → Section 123/124
- Section 37(1) → Section 210
Form Changes
- Form 16A → Form 131
- Form 26AS/AIS/TIS → Form 168
- Form 3CD → Form 135
Terminology Change
- Financial Year + Assessment Year → Tax Year
Important Note
- Presumptive taxation rates remain the same
- Filing process remains largely unchanged
- Digital compliance becomes more streamlined
PRACTICAL EXAMPLE
Freelancer with ₹60 lakh income:
Under Act 1961:
- Use ITR-4
- 50% profit = ₹30 lakh taxable
- TDS ₹6 lakh reflected in Form 26AS
- Claim deduction ₹1.5 lakh under Section 80C
Under Act 2025:
- Same calculation
- Use Form 131 & Form 168 for verification
- Section 286 applies
PRACTICAL TIP / CA INSIGHT
- Opt for presumptive taxation to reduce compliance burden
- Always reconcile TDS with AIS/Form 168
- Pay advance tax on time to avoid interest
- Maintain basic records even under presumptive scheme
- Plan deductions early to reduce tax liability
FAQ SECTION
- Which ITR form is best for freelancers?
ITR-4 is suitable for presumptive taxation; otherwise, use ITR-3. - Is audit required for professionals?
Not if income is within ₹75 lakh under Section 44ADA. - Will tax rates change under Act 2025?
No major change in presumptive rates—only renumbering of sections. - What is the TDS rate for professionals?
10% under Section 194J (now Section 393 under new Act). - Can I claim expenses under presumptive taxation?
No separate expense claims—profit is assumed at fixed percentage.
CONCLUSION
For self-employed professionals, the transition from the Income-tax Act, 1961 to the Income-tax Act, 2025 mainly involves changes in terminology, sections, and forms—not in core tax principles. Presumptive taxation remains a powerful and simple option. Timely filing, correct reporting, and proper TDS reconciliation are key to avoiding notices and penalties.
For expert guidance on this topic, contact your tax professional today.
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