Article explains Taxation of Partnership Firms /LLP which includes Income Tax Rate applicable, Provisions related to Interest and Remuneration to Partners/Designated Partners, Conditions for assessment as a firm, Partners’ assessments, Losses of the firm, Due dates for filing return of firm, Allowability of remuneration and interest vis-a-vis presumptive taxation , Due dates for filing return of firm and Due dates for filing of returns of partners.
Flat rate of 30% on the total income after deduction of interest and remuneration to partners/Designated Partners at the specified rates + Surcharge of 12% if Total Income exceeds 1 Crore and will be further increased by education cess secondary and higher education cess @ 3% on Income-tax (Wef A.Y. 2019-20 health and education cess @ 4% shall be levied in lieu of education cess secondary and higher education cess @ 3% )
|F.Y. 2017-18||F.Y. 2018-19|
|Surcharge||If income is greater than Rs.1,00,00,00 12% of income tax amount. Subject to marginal relief.||If income is greater than Rs.1,00,00,00 12% of income tax amount. Subject to marginal relief.|
|Education Cess||2% extra – charged on the amount of income tax + surcharge being paid.
|Secondary and Higher Education Cess|| 1% extra – charged on the amount of income tax + surcharge being paid.
|Health and Education cess||N.A.||4% extra – charged on the amount of income tax + surcharge being paid.|
|from 1-6-2002||up to 31-5-2002|
|Simple Interest Rate||18% p.a.||12%|
1. Payment of Remuneration to a non-working partner will not be allowed as a deduction
2. A ‘working partner’ is an individual who is actively engaged in conducting the affairs of the business or profession of the firm.
3. Quantum of allowance is to be determined with reference to ‘book profit’ which is defined to mean an amount computed in accordance with the provisions of sections 28 to 44D of the Income-tax Act, as increased by the amount of remuneration to partners if deducted in determining book profit.
4. As per section 40(b)(v) any payment of remuneration to any partner who is a working partner, which is authorised by, and is in accordance with, the terms of the partnership deed and relates to any period falling after the date of such partnership deed in so far as the amount of such payment to all the partners during the previous year exceeds the aggregate amount computed as hereunder will be disallowed:
|a. On the first 3,00,000 of book profits or in case of a loss||Rs. 1,50,000 or at the rate of 90% of the book profit (whichever is higher)|
|b. On the balance of book profits||at the rate of 60%|
Explanation 3 to section 40(b) defines “book-profit” as to mean the net profit, as shown in the profit and loss account for the relevant previous year, computed in the manner laid down in Chapter IV-D as increased by the aggregate amount of the remuneration paid or payable to all the partners of the firm if such amount has been deducted while computing the net profit.
1. Remuneration should be to a working partner.
2. Payment of remuneration and interest should be authorised by and should be in accordance with the terms of the partnership deed and should relate to any period falling after the date of such partnership deed.
3. No deduction u/s. 40(b)(v) will be admissible unless the partnership deed either specifies the amount of remuneration payable to each individual working partner or lays down the manner of quantifying such remuneration — Circular No. 739 dt. 25-3-1996.
1. The partnership should be evidenced by an instrument in writing specifying individual shares of the partners.
2. A certified copy of the instrument signed by all the partners (not being minors) shall accompany the return of the firm for the first assessment as a ‘firm’.
3. In case of any change in the constitution of the firm or shares of the partners in any previous year, the firm shall furnish a certified copy of the revised instrument of partnership signed by all the partners (not minors) along with the return of income for that A.Y.
4. Where a firm is assessed as such for any assessment year, it shall be assessed in the same capacity for every subsequent year if there is no change in the constitution of the firm or the shares of the partners as evidenced by the instrument of partnership on the basis of which the assessment as a firm was first sought.
5. If any default is made in compliance with the above provisions, the firm will be assessed as a firm without deducting interest and salary to partners.
6. If any failure is made as mentioned in Section 144 (ex parte assessment) the firm shall be assessed as a firm without deducting interest and salary, bonus ,commission, remuneration paid to partners by the firm and such interest, salary, bonus, commission or remuneration shall not be chargeable to income-tax under clause (v) of section 28.
1. Once tax is paid by firm , no tax will be payable by the partners on share of income from the firm .
2. Amount of Interest and/or remuneration etc. received by a partner will be taxed in his hands as ‘Business or Professional Income’, excluding the amount disallowed in the hands of the firm being in excess of limits laid down in S. 40(b) and from A.Y. 2004-05 amount disallowed in the event of any failure as mentioned in S. 144 or non compliance of S. 184.
3. The share of the partner (including a minor admitted for the benefit of the firm), in the income of the firm is not included in computing his total income i.e. his share in the total income of the firm shall be exempt from tax under section 10(2A) of the Act.
Unabsorbed loss including depreciation in respect of A.Y. 1993-94 onwards of the firm will not be apportioned amongst the partners and will be carried forward by the firm only.
Remuneration and interest shall not be allowed as deduction from the presumptive income computed at prescribed rate u/s. 44AD, 44ADA. However for section 44AE , remuneration and interest to partners shall be allowed as a deduction subject to sec 40(b).
1. 30th September, where accounts of the partnership firm are required to be audited under Income- tax Act or under any other law for the time being in force.
2. 31st July in any other cases( extended to 31stAugust 2018)
1. 30th September in case of a working partner of a firm (whether or not he is entitled to remuneration) where due date for filing return of firm is 30th September.
2. 31st July for other partners (extended to 31stAugust 2018 for A.Y. 2018-19)
(Republished With Amendments)
Do you think CBDT should extend Tax Audit Report and relevant ITR Due Date? Please Comment, Vote, Retweet and Like.— Tax Guru (@taxguru_in) September 18, 2018