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What did the Income-tax Act, 2025 change for Indian freelancers?

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Short answer

The Income-tax Act, 2025 replaced the 1961 Act from 1 April 2026.1 Income earned from that date falls in tax year 2026-27.1 CBDT says the 2025 Act imposes no new tax.1 Section 44ADA is now section 58(2), Table row 3.2 Form 67 becomes Form 44 under the Income-tax Rules, 2026.3 Non-audit professionals file their return by 31 August.2

Applies toGoverned byDeadlinePenaltyLast verified
Income earned from 1 April 2026Income-tax Act, 2025, as amended by the Finance Act, 2026231 August after the tax year for non-audit business or professional income; 31 July for other individuals2Interest on advance tax shortfall under sections 424 and 425228 October 2026
Income earned from 1 April 2025 to 31 March 2026Income-tax Act, 1961 (assessment year 2026-27)1Not applicableNot applicable28 October 2026

On 1 April 2026 the Income-tax Act, 2025 came into force and the Income-tax Act, 1961 was repealed, with transitional provisions for pending matters.1 For a freelance developer, designer, writer or consultant billing foreign clients, the day-to-day effect is mostly vocabulary: new section numbers, new form numbers and a new name for the year. A handful of rules did change, and those are worth knowing before the first return under the new Act is filed in 2027.

This guide covers the changes that matter to individual service exporters and small firms, and links to the page that owns each topic. Facts are as of October 2026 and follow the Act as amended by the Finance Act, 2026.2 Your position depends on your own facts, so confirm the details with a chartered accountant (CA).

What is the Income-tax Act, 2025?

The Income-tax Act, 2025 is the law that replaced the Income-tax Act, 1961 from 1 April 2026 and governs income earned from that date.1 CBDT says no new tax is imposed by the 2025 Act; the aims are simpler language, fewer cross-references and clearer structure.1

  • Size of the Act: 536 sections and 16 schedules, compared with 819 sections and 14 schedules in the 1961 Act.1
  • Size of the Rules: the Rules fell from 511 rules and 399 forms to 333 rules and 190 forms.1
  • Rates: for tax year 2026-27, slab rates and rebate are in section 202 and section 156 of the 2025 Act.2

Which income-tax Act applies to which period of income?

The Act that applies depends on when the income was earned.1

Period of incomeGoverning ActYear label
1 April 2025 to 31 March 2026Income-tax Act, 1961Assessment year 2026-27
1 April 2026 to 31 March 2027Income-tax Act, 2025Tax year 2026-27

CBDT's FAQs state there is no "missing year" or overlap in this shift.1 For example, a translator filing in 2026 for FY 2025-26 still quotes the 1961 Act, while the same translator's income from April 2026 onwards will be reported under the 2025 Act.1

What is a tax year under the Income-tax Act, 2025?

A tax year is the financial year in which you earn the income, starting on 1 April.2 It replaces the old pair of "previous year" (when you earned) and "assessment year" (when it was assessed).1 If you start freelancing partway through the year, section 3(2) makes your first tax year run from the start date to 31 March.2 Tax year 2026-27 means income earned between 1 April 2026 and 31 March 2027, which the old terms would have called assessment year 2027-28.1

Who does the Income-tax Act, 2025 apply to?

The Income-tax Act, 2025 applies to every taxpayer's income earned from 1 April 2026, including freelancers and firms billing foreign clients.12

Entity typeApplicableWhyBest for
Resident freelancerYesSection 5(1) taxes a resident on income from whatever source, including income that accrues outside India2Individuals billing foreign clients
Resident individual in a specified professionYes, with the option of section 58(2) row 3The presumptive scheme is for resident individuals and non-LLP firms, at 50% of gross receipts2Freelancers with receipts up to ₹50 lakh, or ₹75 lakh with the cash condition
Partnership firm (not an LLP)Yes, with the presumptive optionNon-LLP firms are eligible for the presumptive scheme for professionals2Small professional firms
LLPYes, without the presumptive scheme for professionalsThe scheme covers only resident individuals and non-LLP firms2LLPs that keep full books
Income earned before 1 April 2026NoThe Income-tax Act, 1961 governs it1Returns for FY 2025-26

How does a freelancer move to the Income-tax Act, 2025?

A freelancer moves to the Income-tax Act, 2025 by closing out FY 2025-26 under the old Act and then applying the new section and form numbers from tax year 2026-27.13

  1. File any pending return for FY 2025-26 under the 1961 Act and its forms.1
  2. For tax year 2026-27, pay the 15 March 2027 advance tax instalment if you are on the presumptive scheme, or the quarterly instalments if you are not.2
  3. Keep books and records in the form the 2026 Rules describe, for at least seven tax years from the end of the relevant year.3 See bookkeeping for foreign income.
  4. Use Form 44 for foreign tax credit and Form 41 for treaty relief documentation from tax year 2026-27.3
  5. Watch for the ITR forms for tax year 2026-27. As of 28 October 2026 they are not on the e-filing portal's downloads page.4 See which ITR form freelancers file.

What section numbers, forms and due dates changed under the Income-tax Act, 2025?

Almost every section number changed under the Income-tax Act, 2025, along with several form numbers and three compliance rules. The sections service exporters meet most often are:2

TopicIncome-tax Act, 2025
Worldwide income of a residentSection 5(1)
Presumptive tax for professionals (old 44ADA)Section 58(2), Table row 3
Presumptive tax for business (old 44AD)Section 58(2), Table row 1
Books of account and specified professionsSection 62
Tax auditSection 63
Return due datesSection 263(1)
Advance taxSections 403 to 410
Interest on advance tax shortfallSections 424 and 425

A fuller old-to-new map is on the section 44ADA new section number page.

Which income-tax forms were renumbered for freelancers?

The Income-tax Rules, 2026 renumbered the forms a cross-border freelancer uses.3

Which income-tax compliance rules changed in substance for freelancers?

Three changes are more than renumbering:25

RuleWhat the 2025 Act saysBest for
Specified professionsSection 62(4) lists legal, medical, engineering, architectural, accountancy, technical consultancy, interior decoration, information technology and company secretary, plus any profession CBDT notifies5Checking whether your work is a specified profession
Return due dateSection 263(1)(c) sets 31 August after the tax year for business or professional income without an audit; other individuals stay at 31 July2Freelancers without a tax audit
Revised returnSection 263(5), as amended by the Finance Act, 2026, allows a revised return within twelve months from the end of the tax year (nine months in the 2025 Act as enacted), or before assessment is completed, whichever is earlier2Correcting a filed return

See section 62 specified professions.

Which income-tax rules stayed the same for service exporters?

  • Worldwide income: section 5(1) taxes a resident on income from whatever source, including income that accrues outside India.2 See income tax on foreign income.
  • Presumptive scheme: still 50% of gross receipts, still ₹50 lakh or ₹75 lakh, still only for resident individuals and non-LLP firms.2
  • Advance tax: still payable if the year's tax is ₹10,000 or more, with instalments on 15 June, 15 September, 15 December and 15 March, and a single 15 March instalment for presumptive taxpayers.2
  • Tax audit threshold: a tax audit is still needed when professional gross receipts exceed ₹50 lakh, unless profits are declared under section 58(2).2

What happens if a freelancer gets the Income-tax Act, 2025 transition wrong?

A freelancer who misses a deadline or files under the wrong Act still has correction routes, but interest can apply to an advance tax shortfall under sections 424 and 425.2

  • Missed due date: a belated return can still be filed within nine months from the end of the tax year under section 263(4).2
  • Error in a filed return: a revised return is allowed within twelve months from the end of the tax year, or before assessment is completed.2
  • Later correction: an updated return can be filed within 48 months under section 263(6).2
  • Short advance tax: interest on the shortfall applies under sections 424 and 425.2

How is a freelancer's presumptive income calculated under the Income-tax Act, 2025?

Under section 58(2), Table row 3, a resident freelancer in a specified profession declares 50% of gross receipts as profit, provided receipts are within ₹50 lakh, or ₹75 lakh where the cash receipts condition is met.2

For example, say a resident IT consultant receives ₹30,00,000 from foreign clients in tax year 2026-27:2

StepWorkingResult
Gross receiptsTotal professional receipts for the tax year₹30,00,000
Within the limit?₹30,00,000 is below ₹50 lakhEligible
Deemed profit50% of ₹30,00,000₹15,00,000

Tax on that profit then follows the slab rates in section 202 and the rebate in section 156.2 The full worked examples are in the section 44ADA guide.

What are the common mistakes with the Income-tax Act, 2025?

The common mistakes are quoting the wrong Act for the year, using old form numbers and assuming every rule moved unchanged.13

  • Wrong Act for FY 2025-26: income earned before 1 April 2026 is still filed under the 1961 Act.1
  • Old form numbers: foreign tax credit for tax year 2026-27 uses Form 44, and treaty relief documentation uses Form 41.3
  • Old due date: non-audit business or professional income now has 31 August as its due date.2
  • Naming an ITR form too early: the ITR forms for tax year 2026-27 were not on the portal as of 28 October 2026.4
  • Assuming an LLP qualifies: the presumptive scheme for professionals covers resident individuals and non-LLP firms only.2

How did we verify this?

We checked this page against the sources below on 30 October 2026. Read our methodology or report an error.

  1. [1]CBDT FAQs on Interplay and Transition from the Income-tax Act, 1961 to the Income-tax Act, 2025, Q1.2, Q1.3, Q1.5 and Q1.12
  2. [2]Income-tax Act, 2025 as amended by Finance Act, 2026: sections 3, 5, 58, 62, 63, 263, 403 to 410, 424 and 425 (Income Tax Department)
  3. [3]Income-tax Rules, 2026, rules 46, 47, 75 and 76 (notified 20 March 2026)
  4. [4]e-Filing portal, Downloads: ITR forms and utilities (checked 28 October 2026)
  5. [5]Income-tax Act, 2025, section 62 (Income Tax Department section page)

Frequently asked questions

Does the Income-tax Act, 2025 increase tax for freelancers?+

CBDT's transition FAQs say the Income-tax Act, 2025 does not impose any new tax and instead restructures and simplifies the law.1 The rates a freelancer pays for each tax year are still set by that year's Finance Act, through the slab and rebate sections of the 2025 Act.2

Which Act applies to freelance income earned in FY 2025-26?+

The Income-tax Act, 1961 applies to freelance income earned in FY 2025-26. Income earned from 1 April 2025 to 31 March 2026 is assessed in assessment year 2026-27 under the old Act, and the return uses the 1961 Act's forms and section numbers.1 CBDT says there is no missing year in the shift.1

What does tax year mean under the Income-tax Act, 2025?+

Under section 3 of the Income-tax Act, 2025, a tax year is the twelve-month financial year starting on 1 April, or a shorter period if a profession or a new source of income starts during the year.2 Tax year 2026-27 covers income earned between 1 April 2026 and 31 March 2027.1

Is the section 44ADA presumptive scheme still available to freelancers?+

The section 44ADA presumptive scheme is still available as section 58(2), Table row 3 of the Income-tax Act, 2025.2 The deemed profit stays at 50% of gross receipts, and the receipts limit stays at ₹50 lakh, or ₹75 lakh where the cash receipts condition is met.2

Have the ITR forms for tax year 2026-27 been released?+

The ITR forms for tax year 2026-27 had not been released as of 28 October 2026. The e-filing portal's downloads page listed ITR forms only for assessment year 2026-27, which covers income under the 1961 Act.4 Freelancers should check the portal again before filing in 2027.

When do presumptive freelancers pay advance tax for tax year 2026-27?+

Freelancers on the presumptive scheme pay advance tax for tax year 2026-27 in a single instalment by 15 March 2027.2 Other freelancers pay quarterly instalments on 15 June, 15 September, 15 December and 15 March, where the year's tax is ₹10,000 or more.2

This page is general information for Indian service exporters, not tax or legal advice. Rules change and outcomes depend on your facts, so confirm with a chartered accountant before acting.