Business ITR Filing in India - Six Entity Types Across ITR-3, ITR-4, and ITR-5
📌 TL;DR - ITR for Business Services at a Glance
TL;DR: Non-corporate business ITR uses ITR-3 (sole prop / HUF regular books), ITR-4 SUGAM (Section 44AD / 44ADA / 44AE presumptive), or ITR-5 (partnership firm / LLP / AOP / BOI). Section 44AD allows 8 percent / 6 percent presumptive on turnover up to Rs 3 crore (95 percent digital) for resident individual / HUF / partnership firm (NOT LLP). Tax audit under Section 44AB triggers at Rs 1 crore (Rs 10 crore digital). Partnership firms and LLPs taxed at 30 percent flat plus surcharge plus cess.
| Parameter | Detail |
|---|---|
| Governing Provisions | Income Tax Act 1961 - Sections 28-44 (PGBP charging and computation); 44AA (books); 44AB (audit); 44AD/44ADA/44AE (presumptive); 40(b) (partner remuneration); 184/185 (firm constitution); 167B (AOP/BOI); 234A/B/C; 234F; 270A. Indian Partnership Act 1932; LLP Act 2008 |
| Entity Types Covered | Sole Proprietorship, Partnership Firm (non-LLP), Limited Liability Partnership (LLP), Hindu Undivided Family (HUF) with business, Association of Persons (AOP), Body of Individuals (BOI) |
| ITR Form Mapping | ITR-3 (sole prop / HUF regular books); ITR-4 SUGAM (Sec 44AD / 44ADA / 44AE presumptive); ITR-5 (partnership firm / LLP / AOP / BOI) |
| Section 44AD Threshold | Rs 3 crore (95 percent+ digital receipts AND 95 percent+ digital payments); else Rs 2 crore. Eligible: Resident Individual / HUF / Partnership Firm (NOT LLP) |
| Section 44AD Rate | 8 percent of turnover (cash receipts portion); 6 percent of turnover (digital receipts portion) |
| Section 44AB Tax Audit Business | Rs 1 crore turnover; Rs 10 crore if 95 percent+ digital (cash receipts AND cash payments each below 5 percent of total) |
| Partnership Firm / LLP Rate | 30 percent flat + 12 percent surcharge if income above Rs 1 crore + 4 percent Health and Education Cess. Effective: 31.2 percent (no surcharge), 34.944 percent (with surcharge) |
| Section 40(b) Partner Remuneration (Finance Act 2025) | On first Rs 6,00,000 book profit: Rs 3,00,000 OR 90 percent of book profit (higher); above Rs 6,00,000: 60 percent of remaining book profit. Partner interest capped 12 percent per annum |
| Cost | Starting Rs 1,999 (Excl. GST and Govt. Charges) |
| Authority | Central Board of Direct Taxes (CBDT); Registrar of Firms (state-level for partnership); Registrar of Companies / MCA (LLP) |
All fees and charges listed are indicative only and do not constitute a binding offer. Final amounts may vary depending on the volume of work and the complexity involved.
Non-corporate business ITR filing has six entity-type lanes - sole proprietorship, partnership firm (non-LLP), LLP, HUF with business, AOP, and BOI - each with its own ITR form, tax rate structure, presumptive eligibility, and audit threshold. A trader with Rs 2.7 crore turnover gets a Section 44AD presumptive 6 percent option on ITR-4 only if 95 percent of receipts AND 95 percent of payments are digital - one cash receipt above the threshold and the option collapses to actual books and tax audit.
A partnership firm with Rs 9 lakh book profit gets Section 40(b) deduction of approximately Rs 5.4 lakh under Finance Act 2025 amended slabs - the OLD slabs of Rs 1.5 lakh / 90 percent / 60 percent are no longer applicable for AY 2025-26 onwards. An LLP with the same numbers gets the same Section 40(b) treatment but is permanently barred from Section 44AD presumptive. An AOP with one member earning above basic exemption flips from slab to MMR (Maximum Marginal Rate) under Section 167B. Patron Accounting has filed business ITRs for over 8,500 non-corporate entities since 2019.
Content is reviewed quarterly for accuracy.