44 ad taxpayer

[rajesh pandya]

hi, I HAVE PROPRIETORSHIP BUSINESS. I WANT TO KNOW ABOUT IN PRESUMPTIVE TAX CAN SHOW SALARY TO WIFE OR SON OR DAUGHTER.

THANKS

[DR.MARIAPPAN GOVINDARAJAN]

If your wife or son or daughter is receiving salary from your business it will be an expenditure of the business.  No separate procedure for this.  

[YAGAY andSUN]

Yes, you can pay a salary to your wife, son, or daughter from your proprietorship business, even under the Presumptive Taxation Scheme (like u/s 44AD, 44ADA, or 44AE of the Income Tax Act). But there are a few important conditions and clarifications you should know:

📌 Presumptive Taxation Overview:

Under sections like 44AD, you declare profits on a presumptive basis (e.g., 6% or 8% of turnover), and you are not required to maintain books of accounts. In this scheme, deductions for expenses (like salaries) are generally deemed to be included in the presumptive income.

❓Can You Show Salary to Family Members?

✅ Yes, You Can Pay Salary, But:

1. Payment Must Be Genuine:
   • Your wife, son, or daughter must actually work in the business.
   • Salary must be commensurate with their work (not excessive).
2. Allowed under Section 44AD/44ADA:
   • Even though you can’t claim specific deductions, it is legally valid to pay family members for business-related work.
   • Their salary will not reduce your taxable income under presumptive tax (because you're taxed on presumptive income), but it will be considered their income and taxed in their hands.
3. Avoid Clubbing of Income (Section 64):
   • If wife/son/daughter is just being paid to save tax and not actually working, then the salary may be clubbed back into your income.
   • If they genuinely work and have qualifications/experience, clubbing provisions will not apply.

🧾 Example:

• You are a shop owner under 44AD.
• Your wife handles accounts, and you pay her ₹10,000/month.
• You declare 8% of turnover as income, and her salary is not separately deducted.
• Your wife files her own return, showing ₹1.2 lakh income.
• This is valid, provided it's genuine and supported by basic records (like salary register, bank transfers).

🧠 Summary:

Point	Allowed?	Note
Pay salary to wife/children	✅ Yes	Must be genuine and reasonable
Deduct salary separately under 44AD	❌ No	Expenses are deemed under presumptive scheme
Show it as their income	✅ Yes	Will be taxed in their hands
Avoid clubbing if not genuine	⚠️ Yes	Section 64may apply

AI Summary

Family Members' Salary in Proprietorship: Legitimate Work Allowed with Proper Documentation Under Presumptive Taxation Scheme A proprietorship business owner inquired about paying salary to family members under the Presumptive Taxation Scheme. Experts confirmed that salary to wife, son, or daughter is permissible if work is genuine, commensurate with their role, and not excessive. While such salary cannot reduce presumptive income, it can be taxed separately in family members' hands, provided the payment is legitimate and supported by basic documentation.