• Income tax for online coaching business

I have an online business (sole proprietorship) of coaching. The total sales is 11, 00,100 for fy 2019-2020. I have given salary to my daughter in law every month through online mode. She has handled the sales department. Her salary breakup of is 
August – 50000, September – 2100, October – 17304, November-10000, 
December-10000, January-20000, and February - 23000, March -41108. 
Total salary for FY is 193134 for fy 2019-2020. I have not deducted any TDS while transferring the salary to my daughter in law. The salary has been transferred online from coaching current account to daughter in law account every month. 
Other operating expenses are 62744.84 (I am having all invoices). I have also purchased camera of 39876 in FY. 
Some students have performed very well so we have distributed prize money worth of 20000 through online bank transfer
Please answer the following query
1.	Can I deduct the salary given to daughter in law as an expense (please answer this as I have not deduct any TDS and I have given salary to my daughter in law)
2.	Can I show laptop purchase as total expenses or I will have to show depreciation. If depreciation then what % of the depreciation
3.	Can I show prize distribution as expenses 
4.	I have used my home as a work station. Can I deduct expenses such as room rent and electricity. If yes then what kind of bills we need 
5.	Can I opt for presumptive business 44AD scheme for ITR filing
Asked 4 years ago in Income Tax

Sure sir you can you were not required to deduct TDS as salary was below taxable limit and your turnover is also below 1 crore.

Depreciation needs to be charged on laptop @40%.

Yes you can its a kind of advertising expense.

That would not be appropriate as you also leave there and you must be using a small part of it as your office.

Yes sir you can.

If you need any assistance with your tax matters or in future GST matters feel free to contact me.

 

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

Hello,

 

1. Yes, you can deduct the salary expenditure. TDS deduction is not required in your case.

2. You will have to declare it as an Asset and claim depreciation at 40%.

3. Yes.

4. You won't be eligible to claim it in full since you use it for your personal purpose as well.

5. Yes.

I hope that this answer satisfies your requirements.

 

Regards,

CA Hunny Badlani

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

Hi,

 

1. Yes, your understanding is correct.

 

2. Declare as an assets and claim depreciation@40%.

 

3.Yes.

 

4.Yes, proportionate basis..

 

5.Yes.

 

 

Payal Chhajed
CA, Mumbai
5188 Answers
298 Consultations

Hi sir

u r not required to deduct TDS since it is below taxable limit.

 

As u have business of online classes then u can charge depreciation on laptop @40%

 

Yes it is an allowable expense.

 

U can do it but for that u have to prepare rent agreement plus we need to see on whose name that house belong

 

it is advisable that don’t show it as rent

Yes sir u can

Please rate 5 & provide ur valuable feedback so that I can improve in future

 

Poorvi Jain
CA, Indore
143 Answers
1 Consultation

Hi

 

1. Yes, expense shall be allowed. No liability to deduct TDS in this case.

2. Depreciation shall be allowed @40%.

3. Yes.

4. It would depend on whether your house is owned or rented. A proportionate rent could be taken as expense for business purpose.

5. In my opinion, no.

Lakshita Bhandari
CA, Mumbai
5687 Answers
934 Consultations

1. It depends on threshold.

2. The threshold for special category states is 10 lacs: 

  1. Arunachal Pradesh
  2. Assam
  3. Jammu & Kashmir
  4. Manipur
  5. Meghalaya
  6. Mizoram
  7. Nagaland
  8. Sikkim
  9. Tripura
  10. Himachal Pradesh
  11. Uttarakhand

3. For remaining States, it is 20 lacs.

 

4. It would be 10 lacs.

Lakshita Bhandari
CA, Mumbai
5687 Answers
934 Consultations

Hi sir

certain category of persons are required to compulsorily get registered under GST,that is person providing Inter state services

if u r providing services to other state then u need to get gst registeration

 

Please rate 5 & provide ur valuable feedback so that I can improve in future

Poorvi Jain
CA, Indore
143 Answers
1 Consultation

1.No it's not. There's a notification which relaxes the need for compulsory registration of service provider in case of inter state supply.

2. Arunachal Pradesh, Assam, Jammu & Kashmir, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, Himachal Pradesh, Uttarakhand.

Other than above for all states the limit is 20 lakh.

So for Uttarakhand the limit is 10 lakh and hence you need to register for GST.

 

Naman Maloo
CA, Jaipur
4292 Answers
101 Consultations

Both the above link are showing the same table but none of them have listed any notification the one mentioned by Taxguru doesn't provide any such relief for services.

Thus I would suggest you to register from 1st april in GST.

If you need assistance feel free to contact.

Naman Maloo
CA, Jaipur
4292 Answers
101 Consultations

1. It depends on turnover.

 

2,3 & 4. Please go through the below link for complete reference:

 

.https://cleartax.in/s/gst-registration-limits-increased

 

 

Payal Chhajed
CA, Mumbai
5188 Answers
298 Consultations

Please go through the below link for complete reference:

 

.https://cleartax.in/s/gst-registration-limits-increased

 

 

Payal Chhajed
CA, Mumbai
5188 Answers
298 Consultations

1. No. It depends upon threshold.

2. The Special Category States include:

  • Arunachal Pradesh
  • Assam
  • Jammu and Kashmir
  • Manipur
  • Meghalaya
  • Mizoram
  • Nagaland
  • Sikkim
  • Tripura
  • Himachal Pradesh
  • Uttarakhand

3. All other states except the special category states.

4. Rs. 10 Lakhs.

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

1. As the Gross salary is below the threshold limit of Rs.2.5 lacs resulting into non-deduction of TDS. You can claim the entire salary paid as an expense. As the amount of salary paid to the daughter in law is fluctuating each month which can be questionable. It is better to show some amount as fixed and other as variable as she is a part of sales department.

 

2. You can claim the laptop as an expense instead of a capital asset. As you are involved in online service in which use of laptop is directly related to the service provided. Max.dep. rate is 40%.

 

3. You can claim prize distribution as an expense.

 

4. If it is a rented property then you can claim it proportionately otherwise not. In case of electricity exp., you can claim it proportionately. Normal electricity bills of DISCOM is required.

 

5. Yes you can claim benefit u/s 44ADA. 

 

6. Turnover limit is Rs.20 lacs in case of Uttarakhand for GST registration. You can check the limit under Uttarakhand GST Amenment Act.

Vivek Kumar Arora
CA, Delhi
4943 Answers
1101 Consultations

Yes, correct. Uttarakhand was excluded from special category states. Hence threshold in your case would be 20 lacs.

Lakshita Bhandari
CA, Mumbai
5687 Answers
934 Consultations

Ok

Vishrut Rajesh Shah
CA, Ahmedabad
940 Answers
39 Consultations

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