How to Legally Avoid Tax Problems in Freelancing Business

Faijal Khunkhana
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Freelancing is the most lucrative career line to be continuously growing around the globe. It provides professionals with an independent lifestyle, sets a schedule, and executes multiple projects. The gig economy is booming in nations like India; hence, freelancing is no longer an alternative career but a mainstream alternative for the majority.


Of course, with great freedom comes much accountability, especially in terms of money and taxes. Compare this to the old model employee-whose employer handles his taxes-to learn what's expected of him in relation to his own independent work. Unless he plans well, many fall victim to some common tax problems with heavy fees and audits as consequences, aside from the financial stress they bring upon.


To succeed in the tax landscape, a freelancer must be knowledgeable about tax laws, manage finances appropriately, and be proactive in filing taxes. Several problems are available, and many more risks exist, such as income being misclassified or important business expense deductions not recognized. Once these have been avoided, the freelancer would be free to focus on business growth, with the stigma of surprise tax liabilities erased from their business. In This blog will attempt to walk you step by step through most probably the tax mistakes freelancers make, giving some examples and some practical advice on how to avoid them. Whether an amateur or an expert freelancer, knowing how to handle taxes well is inevitable for being financially fit and for staying in line with the law.


Of course, it includes handling advance tax payments, GST registration return filling, and maximizing your deductions-all this will give you info such that you know whether you are on top of your freelance tax obligations or not.


Misclassification of Income


Almost all freelancers commit a major mistake. Any and every amount earned through freelancing should be reported under the head "Profits and Gains from Business and Profession." That means you cannot treat it as personal income or miscellaneous income. So, all your freelancing income in India will fall under the head "Profits and Gains from Business and Profession," and failure to classify it rightly may attract penalties.


Example:


Mr. X, an Indian graphic designer, earned ₹25 lakhs of freelance services throughout the year. He treated it as personal income rather than reporting it as "business income." It is at the time of audit when the tax people found this kind of underreporting. Result: This had him pay back-taxes and penalties for a little checked business income reporting practice.


How to Avoid This Problem


While filing the tax return form, one should choose a business or professional category. All payments from Indian and international clients should be retained for records, even if he doubts the classification and consult a tax advisor.


Failure to Pay Taxes


Unlike the employed-the tax is deducted at source by the employers-those offering freelancing services have to book for taxes separately. Many tend to spend the whole money earned and do not reserve some cash back for taxing some amount owed later during the taxing period.


Example:


Ms. Y is a content writer who brings in an amount of ₹12 lakhs in a single year from her freelance work. She was not saving any money for taxes. So when the financial year closed, the tax bill shocked her to add another ₹1.8 lakhs. She didn't have any money saved up which caused distress when she couldn't pay on time and then on extra penalties and interest for late payments.


How to Avoid This Trap


Save a percentage of the income received as tax every time you get your pay check. In India, if your estimated liability towards tax exceeds ₹10,000, you are bound to pay advance taxes quarterly. An estimate of your tax liability and payment of tax every quarter reduces the burden at the end of the financial year and saves on interest on late payments.


Overlooked Business Expenses


Freelancers forget, sometimes that they can take off part of their business expenses from their taxable income. Not making this deduction leaves you overpaying tax than you should. Office supplies, travelling, internet charges, amongst others; are business-related and hence deductible. You even take off part of home rent if part of your home is used as an office.


Example:


Mrs. Z is an independent photographer. She incurred equipment, travel, and software expenditure of ₹ 3 lakhs. Had she understood how it works, expenses would have been allowed to her. That is why she paid ₹ 90,000 extra in taxes that she should have not paid.


How to Avoid This Problem


Proper and accurate record-keeping of income received and all expenditures incurred while doing your freelancing work. Save all those receipts, work contract, invoices, bank statements and other documents relating to your freelancing business. In India, keep track of which expenses are covered under the Income Tax Act and learn how to take maximum deductions legally.


The Non-registration of Goods and Service Tax Act


In India, for a freelancer, providing services under GST registration is compulsory if their annual income would cross ₹20 lakhs ₹10 Lakhs for north eastern states. Mostly freelancers overlook it and end up paying fines as well as penalties.


Example:


Mr. A is a software developer by profession, who earned ₹22 lakhs in one year without getting himself registered under GST. But when a big client asked for a GST invoice, he came to know of the mistake he did. He could not get registered in due time and so faced penalties as well as backdated GST with interest.


Ways of Not Falling into This Trap


Properly track your income and apply for registration under GST if the income exceeds the threshold. You will mandatorily be required to file GST returns and pay tax on it once you get registered under GST. Though your income is below the threshold, registration under GST will help you claim Input Tax Credit relating to the expenses incurred by you in your business.


Deficient Book Keeping Account


Financial record hardly ever gets maintained correctly, since most freelancers work directly through the bank statements and eventually end up missing a few of the deductions and misreporting and, in addition, maybe even legal trouble if audited.


Example:


Mr. B is a freelancer and did not keep proper financial records and further had a problem in keeping apart expenses as personal versus business income. Therefore, many deductions due to the business-related expenses were missed, which put him overpaying on his taxes.


How to Avoid This Pitfall


Continue using accounting software or a manual ledger that keeps track of income and expenses. It will update the records and review it before filing taxes. Even freelancers in India can maintain books of accounts under the Income Tax Act if their income exceeds specified limits. One will get proper records while filing taxes.


Not Knowing One's Tax Deadline


Freelancers who normally delay submission forget to file advance taxes or even submit their final tax return, which leads them to face penalty and interest charges while waiting for the tax season.


How Not to Make This Mistake


Put All Important Tax Dates on a Calendar Advance tax filings in India are quarterly, but most states require final tax returns to be made by July 31 with those needing auditions by October 31. GST tax payments will be due on a return for either monthly or quarterly. Keep reminders and schedule time so you never forget a deadline.


Failure to Engage a Tax Professional


Freelancers may manage to save some few coins by preparing their taxes. This is very costly as a process if one is not well conversant with the tax laws. An accountant will ensure compliance though while saving money through the full application of all the available deductibles.


Example:


A freelance web designer, Ms C prepared all her taxes herself. She didn't take any professional advice. Therefore, she allowed some of the deductions for the cost of her businesses to slip through. A tax consultant improved this for her and saved her quite a sum of money the next year.


Avoid It


Seek a professional tax consultant to prepare the tax return, particularly in the initial years of freelancing. That way, the possibility of error will be minimized and you'd stay on the right road for long-term financial well-being. Freelancers in India may seek a CA or professional taxation lawyer with expertise in freelance taxation.


Failure to Report International Income


That is why you should report such international client income correctly. Most freelancers have a misplaced notion that foreign income is not taxable in their host countries. In India, all your global income, if you happen to be a resident, is actually taxable, and failure to declare it will expose you to some pretty serious consequences.


Example:


Ms. D is a freelancer who stays in Mumbai and received $30,000 from US clients. She did not declare this amount in her tax returns she filed with the Indian Tax authorities. Due to the omission of tax, she was taxed for tax evasion.


Avoiding The Pit


Report all foreign and Indian earnings. In this section, you will identify particular tax treaties; namely, those incorporating India and other countries for avoiding double taxes-an obvious topic under Double Taxation Avoidance Agreements or DTAA. Tax professional can keep you in the loop with the global reporting requirement.


Final Comments


Freelancers should, therefore, be proactive in managing taxes to avoid legal cases and unnecessary financial burdens. Keeping adequate tax records, having knowledge of the applicable tax laws, preparation as well as getting professional advice can legally help avoid many tax mishaps and protect hard-earned income. One must always remain prepared and informed of any changes in tax regulations; hence, panic must not strike during any tax season.

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