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Advance tax is essentially 'pay as you earn' — instead of dumping your entire year's tax liability on the government on March 31st, you pay it in instalments throughout the financial year. Section 208 answers the most basic question: who actually has to pay advance tax?

The rule is beautifully simple: if your estimated advance tax liability for the financial year is ₹10,000 or more, you are legally required to pay advance tax. That's it. The ₹10,000 threshold is the trigger. Below it? You're off the hook — pay the full amount via self-assessment tax after March 31st and you're fine. But cross that threshold, even by ₹1, and you must follow the advance tax instalment schedule under Section 211.

Now, who computes this ₹10,000 figure? You do — it's based on your estimated total income for the year minus any TDS already deducted and tax credits (like 87A relief). So if Mr. Sharma is a freelance consultant expecting ₹8 lakh income this year, and his estimated tax comes to ₹63,000, and his clients will deduct ₹20,000 as TDS — his advance tax liability is ₹43,000. That's well above ₹10,000, so Section 208 kicks in and he must pay advance tax. One important carve-out: senior citizens (aged 60+) who do NOT have income from business or profession are fully exempt from advance tax under Section 207 — Section 208 simply doesn't apply to them. This is a classic exam trap. For everyone else — salaried individuals with side income, freelancers, business owners, companies — the ₹10,000 rule applies uniformly. This is asked frequently as a 2-4 mark theory or MCQ question, especially in the context of 'who is liable' and the interplay with Section 207.

📊 Worked example

Example 1 — Freelancer crosses the threshold

Ms. Priya Iyer is a graphic designer (professional income). For FY 2025-26, she estimates:

  • Gross professional receipts: ₹6,00,000
  • Deductions (Sec 44ADA — 50%): ₹3,00,000
  • Net taxable income: ₹3,00,000
  • Tax on ₹3,00,000 (new regime): ₹0 (below ₹3 lakh slab)

Wait — let's say she also has interest income of ₹1,20,000 from FDs.

  • Total taxable income: ₹3,00,000 + ₹1,20,000 = ₹4,20,000
  • Tax (new regime): 5% on ₹(4,20,000 – 3,00,000) = 5% × ₹1,20,000 = ₹6,000
  • Less: Rebate u/s 87A = ₹6,000 (income ≤ ₹7 lakh)
  • Tax payable = ₹0

Conclusion: Advance tax liability = ₹0 < ₹10,000 → Section 208 does NOT apply. Priya need not pay advance tax.

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Example 2 — Business owner must pay advance tax

Rajesh & Co. Pvt. Ltd. estimates for FY 2025-26:

  • Estimated total income: ₹12,00,000
  • Tax @ 22% (domestic co., new regime): ₹2,64,000
  • Add: Surcharge (if applicable): ₹0 (below ₹1 crore)
  • Add: Health & Education Cess @ 4%: ₹10,560
  • Total tax = ₹2,74,560
  • Less: TDS expected to be deducted: ₹50,000
  • Advance tax payable = ₹2,24,560

₹2,24,560 >> ₹10,000 → Section 208 applies. Rajesh & Co. must pay advance tax in instalments per Section 211.

Final Answer: Advance tax of ₹2,24,560 is payable in 4 instalments.

⚠️ Common exam mistakes

  • Students forget to subtract TDS before comparing with ₹10,000. The threshold test is on net advance tax (after TDS), not gross tax liability. Always deduct expected TDS first.
  • Confusing Section 207 and Section 208. Section 207 gives the exemption (senior citizens without business income). Section 208 states the general rule. Don't write Section 208 when answering 'who is exempt from advance tax' — that's 207.
  • Assuming salaried employees never pay advance tax. A salaried person with additional income (rent, freelance, capital gains) must check if their total advance tax liability (after TDS from salary) exceeds ₹10,000. If yes, they must pay.
  • Treating the ₹10,000 limit as per-instalment. It's the annual advance tax liability threshold, not per quarter. If total advance tax for the year is ₹10,000 or more, all instalments apply.
  • Ignoring cess when computing the ₹10,000 threshold. Tax for this purpose includes the Health & Education Cess @ 4%. Students often compute basic tax, skip cess, and incorrectly conclude the liability is below ₹10,000.
📖 Bare Act text — Section 208, Income Tax Act 1961 (click to expand)
Advance tax shall be payable during a financial year in every case where the amount of such tax payable by the assessee during that year, as computed in accordance with the provisions of this Chapter, is ten thousand rupees or more.
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