Tax for professional-services providers in India
The specified professions in India - lawyers, doctors, chartered accountants and company secretaries, engineers, architects, genuine technical consultants and a few others under Section 44AA(1) - do use Section 44ADA at 50% of gross receipts, up to Rs 75 lakh where cash is 5% or less. This is the genuine 44ADA case. If you are not in that list (most trades and general consultants are not), you belong in Section 44AD, not 44ADA.
Presumptive + GST + TDS at a glance
Presumptive taxation
- Section:
- Sec 44ADA
- Deemed profit rate:
- 50% of gross receipts
- Classification:
- profession
GST treatment
- Slab:
- 18%
- SAC:
- 998xxx (professional services, 18%); health-care by a clinical establishment is exempt
- Composition eligible:
- No
- Reverse charge (RCM):
- Not applicable
TDS exposure
- —
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Guidance, not advice. We explain the rules, we don't assess your situation. Always seek financial or tax advice from your accountant, or contact Income Tax Department. Read our editorial scope →
Unlike most trades, the specified professions in India do use Section 44ADA at 50% of gross receipts. These are the notified professions under Section 44AA(1): legal, medical, engineering, architecture, accountancy, technical consultancy, interior decoration, company secretary, authorised representative, film artist and information technology. A genuine professional in this list declares 50% of receipts as income, up to Rs 75 lakh where cash is 5% or less (otherwise Rs 50 lakh). This page exists as the counterpoint: if you are not in this list, you belong in 44AD, not 44ADA.
What business structure do professional-services providers use?
The common patterns for professional-services providers are: Sole proprietor, the usual structure for an individual professional on 44ADA, Partnership or LLP, for a professional firm (note professional bodies may restrict structures), Private limited, where permitted for the profession. The right structure depends on revenue, liability exposure, and personal circumstances, covered below.
Who actually qualifies for Section 44ADA
Specified professionals under Section 44AA(1) declare 50% of gross receipts under Section 44ADA, up to Rs 75 lakh where cash is 5% or less. (Income-tax Act 1961 ss.44ADA/44AA(1) (consolidated into Income-tax Act 2025 s.58))
Technical consultancy is narrow
Technical consultancy means scientific or technological expertise (a scientist or technocrat), not general business or management consultancy. (Income-tax Act 1961 s.44AA(1) (technical consultancy); ITAT interpretation (scientist/technocrat test))
GST, 194J and the healthcare exemption
Professional services are GST 18% (composition not available); clients deduct 194J at 10%; healthcare by a clinical establishment is GST-exempt. (CGST Act 2017 (healthcare exemption notification); Income-tax Act 1961 s.194J)
Allowable expenses
| Category | Examples | Tax treatment |
|---|---|---|
| Practice premises | Chamber or clinic rent, electricity, reception | Deductible if keeping books; subsumed in the 50% deemed profit under 44ADA |
| Staff | Associates, junior professionals, assistants | Deductible if keeping books; pay over Rs 10,000/day by bank (40A(3)) |
| Professional costs | Bar/council fees, indemnity insurance, CPD, journals | Deductible business expense |
| Equipment and software | Computers, practice/clinic equipment, research databases | Deductible; in the 50% deemed profit under 44ADA |
| Admin | Phone, internet, accountant, GST filing | Deductible (apportion personal use) |
Vehicle and travel costs
A professional making client or site visits can claim vehicle running costs under regular books, or rely on the 50% deemed profit under Section 44ADA which is treated as inclusive of such costs.
Capital allowances and equipment
On regular books, practice or clinic equipment and computers depreciate (computers generally 40% WDV, equipment 15%). Under Section 44ADA no separate depreciation is claimed, but keep invoices for the written-down value on any later sale.
Worked example
Advocate Priya — Delhi, DL
practising lawyer (sole practitioner) (2026-27)
Annual professional receipts Rs 40 lakh, almost all by bank transfer. Clients deduct 194J TDS at 10%. Her actual expenses are modest.
Law is a specified profession, so she uses Section 44ADA: deemed income 50% of Rs 40 lakh = Rs 20 lakh, with no detailed books, well within the Rs 75 lakh limit (cash under 5%). She files and reclaims the 194J TDS. Because her actual expenses are modest, the 50% deemed route is favourable; a professional with very high expenses might instead keep books and declare a lower actual profit. For GST she is registered and charges 18% on her legal services.
Common audit triggers for professional-services providers
- Claiming 44ADA without being in the Section 44AA(1) specified-profession list
- Labelling general business or management consultancy as technical consultancy to access 44ADA
- Cash receipts over 5% of turnover while using the Rs 75 lakh 44ADA limit
- Cash receipt of Rs 2 lakh or more from one client in a day (Section 269ST)
- 194J TDS in 26AS or AIS not reconciled with receipts declared
- A doctor treating clinical income as taxable, or a non-doctor claiming the healthcare GST exemption
Frequently asked questions
Who can actually use Section 44ADA at 50%?+
Is a management or business consultant a professional for 44ADA?+
My actual expenses are high. Do I have to use 44ADA at 50%?+
Are doctors' fees subject to GST?+
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