Who files Form ITR-4 (Sugam)?

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Answer

Eligible small businesses and professionals opting into the presumptive scheme, subject to the residency and turnover conditions. The obligation is decided by facts rather than by tax owing, which is why a nil position does not remove it.

The rule on who files

Eligible small businesses and professionals opting into the presumptive scheme, subject to the residency and turnover conditions.

Two of the firm’s advisers at the glass desk in the Delhi office

When the rule breaks

Presumptive taxation trades accuracy for simplicity, and once chosen it constrains later years. Whether a non-resident may use it at all is the first question, and it is answered by the scheme conditions, not by convenience.

Who files Form ITR-4 (Sugam)?
ItemAmount
Income taxed in both countriesC$175,000
Tax paid abroad (assumed 32%)C$56,000
Home tax on the same income (assumed 26%)C$45,500
Credit available (lesser of the two)C$45,500
Home tax still payableC$0

The credit fully absorbs the home liability on this income, so nothing further is payable at home — but the return still has to be filed and the credit still has to be claimed, by category and by country.

An illustration, not a client file. The sums are chosen for legibility and the thresholds are stated for the example alone — nothing reaches a filing until it has been confirmed at source for your own year.

How to get this moving

The full treatment — who it binds, the deadline, the penalty and the fixed fee — is on ITR-4 (Sugam) — presumptive income in India. We will tell you if you do not need us. That happens more often than you would expect.

Read and approved for the 2025 and 2026 filing seasons by Udit Gupta, Cross-Border Tax Expert, Legal Quotient Consultants. General information, not advice for your circumstances — call our 24-hour helpline to discuss your own position.

Where who needs to file FATCA comes into this file

Readers arrive here searching for who needs to file FATCA, and Form ITR-4 is what the page is about. Below: who it catches, what has to be filed, and what it costs — quoted in writing, before anything is done.

Cross-border situations we are engaged for

Case study 1

Finding a filer outside the scheme conditions before filing

The client, living abroad, intended to use the presumptive return for a small Indian business because it looked the least troublesome option. Tested against the scheme's conditions, residency put the filer outside it. We established that before anything was filed, then built accounts for the year and prepared a return computing profit from those books. The engagement produced the filed return, accounts for the year, and a written record of why the scheme was not available, which matters because the question recurs every season and had until then been answered by assumption.

Read how this one runs
Case study 2

Mapping the cost of leaving a scheme opted into years earlier

The client had opted into presumptive taxation when the practice was small and now wanted profit computed from books, having taken on costs the deemed figure takes no account of. The constraint the earlier choice placed on later years governed what was possible and when. We set out the options, the timing and what each would require in records. The engagement produced a written analysis of the exit, the year in which it becomes possible on the client's facts, and a record-keeping plan for the intervening period, so the change is a change of method and not a reconstruction.

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Case study 3

Planning for a turnover boundary before the year ended

The client's Indian turnover was growing and looked likely to pass the level at which the scheme stops being available. Discovering that while preparing the filing would have left a year with no accounts to compute from. We put records in place mid-year at the standard a computation from books requires, and tracked turnover against the applicable limit so the position was known before the year closed. The engagement produced the records, a running turnover position, and a decision taken in advance about which return the year would be filed on.

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Case study 4

Comparing deemed profit with the profit the practice actually made

The client assumed the presumptive return was the better option because it was shorter. We computed the real profit for the year from the underlying records and set it beside the deemed figure, so the decision could be made on arithmetic rather than on the appeal of a simple form. On these facts the deemed figure taxed profit the practice had not earned. The engagement produced both computations, a written recommendation with its reasoning, and a filed return on the basis chosen; the same comparison is now repeated each year instead of assumed.

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Case study 5

A scheme claim withdrawn after a query on eligibility

The client had filed presumptive returns for a period in which eligibility was doubtful, and a query arrived asking on what basis the scheme had been claimed. We reconstructed the position for each year concerned, identified those years in which the conditions were met and those in which they were not, and recomposed the latter from such records as existed. The engagement produced corrected filings for the affected years, a written statement of the basis for each, and a response to the query, so the record shows the years distinguished rather than defended as a block.

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Case study 6

Income the scheme does not cover sitting inside a presumptive return

The client had been filing a presumptive return while also holding Indian income of a kind the scheme does not reach, all of it folded into one turnover figure. The return looked simple and was wrong. We separated the sources, established which fell within the scheme and which had to be computed and reported on their own terms, and recomposed the year on a return capable of carrying both. The engagement produced the corrected filing, a schedule separating the sources, and a note explaining the change, so the earlier years read as an identified error rather than an unexplained shift.

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Case study 7

A Pension Taxed Where the Treaty Did Not Intend

Pension and annuity articles allocate taxing rights differently from employment income, and a flat withholding often exceeds what a return would produce. The alternative filing is elective and has a deadline.

Read how this one runs
Case study 8

A Second Opinion on a Return Already Filed

A cross-border return prepared on one side only is usually right in isolation and wrong in combination. The review checks residence, source and relief in that order, and says plainly whether an amendment is worth making.

Read how this one runs

All case studies — every published engagement in one place.

Core International & Cross-Border Tax Services

International Tax Planning & Advisory

Strategy and compliance for income, assets and families spread across borders.

One coordinating team: filings on every side of the border are sequenced so treaty relief and foreign tax credits are claimed once — and in the right country.

U.S. & Cross-Border Tax Returns

Dual filers: U.S. citizens in Canada and Canadians with U.S. income run two parallel systems — we prepare both, in the right order, every year.

Expat & Emigration Tax

The move year is its own project: the elections and valuations filed that year decide the next decade of both countries’ returns.

Non-Resident Canadian Tax

Default withholding is 25% of gross: elective returns routinely turn over-withheld rent and pensions into refunds.

Transfer Pricing & BEPS

Documentation prepared with the return is the cheapest insurance in international tax; reconstructing it during an audit is the most expensive.

Cross-Border Estates & Trusts

Wills drafted for one country routinely misfire in the other — deemed disposition here, estate tax there, credits in between.

Cross-Border Corporate Tax

Expansion raises the same four questions every time — entity, PE, repatriation, payroll. We answer them before the tax authorities do.

India Tax for NRIs & Returning Residents

The deduction is taken on the sale price, not the gain — which is why an NRI property sale strands cash unless the certificate is applied for before closing.

Canadian Tax with a Foreign Element

Residency is decided on facts, not on a form — and the year you arrive or leave is the one where the largest amounts turn on the smallest details.

UAE Tax for Expats & Their Home Country

A zero-tax country is only half the answer — the question that decides the bill is whether the country you came from still treats you as resident.

Industries & Client Types We Serve Worldwide

Global E-commerce & Marketplaces
Technology & SaaS
Professional Services Firms
Cross-Border Real Estate
Importers, Exporters & Manufacturers
Athletes, Artists & Entertainers
Remote Workers & Digital Nomads
Investment Funds & Holding Companies

Global E-commerce & Marketplaces

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  • Marketplace withholding reviews
  • Inventory nexus & PE analysis
  • Multi-currency books reconciled
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Technology & SaaS

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  • IP structuring with real substance
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  • U.S. expansion: entity & PE setup
Explore Technology & SaaS

Importers, Exporters & Manufacturers

Related-party purchasing, customs value versus transfer price, and foreign-affiliate structures put trading businesses inside the s.247 documentation rules.

Goods crossing a border move the tax question from income to indirect: registration thresholds, place of supply, the customs value and the transfer price between related entities all have to agree with each other. When they do not, the adjustment arrives from two authorities at once and each one uses the other's number.

  • Transfer pricing documentation (s.247)
  • Customs value vs transfer price
  • Foreign affiliate reporting (T1134)
  • Country-by-country reporting
Explore Trade & Manufacturing

Athletes, Artists & Entertainers

  • Reg 105 & U.S. CWA agreements
  • Multi-state & country calendars
  • Touring income allocation
  • Royalty & image-rights withholding
Explore Athletes & Entertainers

Remote Workers & Digital Nomads

  • Residency analysis before moving
  • Employer payroll exposure
  • Totalization & social security
  • Foreign tax credits
Explore Remote Workers

Investment Funds & Holding Companies

  • Treaty access & PPT reviews
  • FAPI & surplus computations
  • Withholding-efficient routing
  • Governance & substance
Explore Funds & Holdcos

Form ITR-4 (Sugam) — the questions that follow

Can a non-resident use the presumptive scheme in India?

That is the first question to answer, not the last, and it is answered by the scheme's own conditions rather than by how convenient the simpler return would be. Those conditions include residency, and they are not negotiable by preference. A filer who opts in without meeting them has simplified nothing: the year has to be recomposed on a return that computes profit from books, and the books then need to exist for a period during which nobody was keeping them. Establish eligibility before opting in, and record the basis on which you concluded you were eligible.

How is profit calculated under the presumptive scheme?

Profit is deemed as a proportion of turnover instead of being computed from books of account. That is the whole trade: you give up the accuracy of a real profit figure and get a much shorter return in exchange. It can fall either way in cash terms. Where actual margins are thinner than the deemed proportion, the scheme taxes profit you did not make; where they are fatter, it does the opposite. So make the choice on your own numbers rather than on the promise of simplicity — work out the real profit for the year, compare it with the deemed figure, and decide from that.

Do I still need books if I file the presumptive return?

The return does not compute profit from them, which is not the same as saying records do not matter. Turnover is the input the entire computation rests on, so it has to be supported, and eligibility has to be demonstrable for the year claimed. There is also the question of what happens when the scheme stops being available, or you decide to leave it: in the following year profit is computed from books, and books cannot be constructed backwards out of nothing. Keep records at a level that supports the turnover figure and would allow a real profit computation if one is needed.

Can I leave the presumptive scheme in a later year?

Opting in is not a decision for one year alone — the scheme constrains what you may do in later years, and that is the part filers rarely weigh when this year's simplicity is the attraction. Before opting in, map out what leaving would mean and when it would be possible on the conditions applying to your case. The practical advice is to treat it as a decision about several years and to keep records throughout at a standard that would support a computation from books, so that leaving is a change of method rather than a reconstruction exercise.

Is the presumptive return suitable for a small consultancy?

Possibly, and the answer turns on two things rather than one. First, eligibility: whether the activity and the filer both meet the scheme's conditions, residency and the turnover limits among them. Second, arithmetic: whether a profit deemed as a proportion of turnover is better or worse than the profit the practice actually makes. A consultancy carrying few costs may find the deemed figure favourable; one carrying staff, premises or subcontractors often does not. Do that comparison on the year's real numbers before opting in, because the decision reaches into later years as well as this one.

What happens if my turnover exceeds the scheme conditions?

The scheme stops being available for that year, and profit is then computed from books for a period in which the presumptive return implied none were needed. That is the sequence which causes trouble: turnover grows through the year, nobody notices the boundary until the filing is being prepared, and there is no accounting record to compute from. If your turnover is anywhere near the applicable limit, keep records through the year as though you will have to compute profit properly. Then, if the boundary is crossed, the extra work is preparation rather than reconstruction.

Who is an NRI for tax purposes?

Residence in India is decided by days present in the tax year, with a second limb that also counts days over the preceding four years, and separate rules for Indian citizens leaving for employment. Fall outside the tests and you are non-resident, taxed in India only on Indian-source income. Between full residence and non-residence sits RNOR — resident but not ordinarily resident — which shelters foreign income for a limited window after returning. See RNOR status.

What are Forms 15CA and 15CB for?

They clear a payment out of India. Form 15CA is the remitter's declaration of the payment and the tax withheld on it; Form 15CB is an accountant's certificate on the taxability of the amount, the treaty article relied on and the correct withholding rate. The bank generally will not execute the transfer without them, in the categories where they are required. The work is deciding the rate correctly, because the certificate is the record of that decision. See 15CA and 15CB certification.

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