• GST on freelance consulting fees

HI, I recently started a new job with a company and my monthly salary is 3 Lacs a month, I wanted to save on maximum tax benefit as I already fall into the 30% category and have all the savings deductions including home loan, my company advised that I work as an independent consultant instead and they will deduct flat 10% per month only, after which I can engage with a CA to file my tax's and show case my expenses et all to deduct my tax burden. But they also told me now that for 2019 with the new budget and new tax law states that there is a GST% also applicable on the 10% tax deducted for consulting fees. I wanted to clarify if I will have to pay a GST fee also in addition to the 10% or should I work as a full time employee instead?
Asked 6 years ago in GST

We can save tax if you are on Consulant to company.

for GST there is threshold limit ₹40lakhs hence, no requirement to register under GST.

 

if need more clarification contact me.

Rajkumar Wagh
CA, Kolhapur
45 Answers

Hi,

- It is good for you that your employer is giving you an option of consultancy. In Income tax, if you are a specified professional then you can avail the benefit of presumptive scheme as mentioned in section 44ADA. 

- In GST, threshold limit for registration is Rs.20 lacs however in last GST council meeting, freedom was given to each state to decide their own limits within the week's time. I am not sue about any amendment done in Maharashtra GST Act but later and sooner, you will fall into GST when monthly income will increase and you will land up in paying GST@18%. which is still better than salary income.

 

Thanks

Vivek Kumar Arora
CA, Delhi
4950 Answers
1105 Consultations

Below 40 lakhs turnover getting GST registration is not mandatory, its optional.

if your company asks you for gst bills for consultation then you should be registered to GST.

 

TDS for income tax is fine, it is mandatory to deduct. Excess tax amount we can claim for refund and vice versa.

Rajkumar Wagh
CA, Kolhapur
45 Answers

Hi

 

GST registration not mandatory if turnover is below 40 lacs(as per last GST meeting).

And 10 % deduction is TDS deduction ,which can be claimed while filling ITR(adjusted with tax liability if any).

 

 

Hope it helps

Swati Agrawal
CA, Mumbai
1146 Answers
7 Consultations

Dear Sir,

 

Hope you are doing well !!

 

Yes, your understanding is correct.

 

If your yearly income is below 40 Lakhs then you dont need to pay any GST and the 10% deduction per month is fine.


TDS deduction will be adjusted with your actual tax liability.



 

 

Payal Chhajed
CA, Mumbai
5188 Answers
298 Consultations

Dear Sir,

 

Yes, if your yearly income is below 40 Lakhs you dont have to pay any GST and the 10% deduction per month is fine subject to actual tax liability. 

Karishma Chhajer
CA, Jodhpur
2450 Answers
29 Consultations

Now there has been a revision in the limit for the applicability of GST and because of which now you need not pay any GST as in earlier law the your company would deduct TDS and you would have to pay GST amount out of your pocket but always remember TDS can't be deducted on GST amount so if you are asked to pay GST out of your own pocket by your company then ask them to not deduct TDS on same.

So now you can file return u/s 44ADA since you will act as a professional and save 30% tax on your 50% income but for that also you need to plan certain things.

I can help you in filing your return of income you can just mail me the details.

Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement.

Thank you

Naman Maloo
CA, Jaipur
4292 Answers
101 Consultations

Further, as an independent consultant you can take benefit of Presumptive Taxation u/s 44ADA.

Payal Chhajed
CA, Mumbai
5188 Answers
298 Consultations

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