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Maximum Limit of Interest and Remuneration to Partners under Section 40(b)

Introduction

Firms can claim deduction of Interest & Remuneration paid to Partners while computation of Profits & Gains from Business & Profession. However, there is ceiling limit on maximum amount of Interest & Remuneration paid under Section 40(b).

Remuneration:

Conditions for claiming deduction of Remuneration paid to Partners

  1. It must be authorized by Partnership Deed.
  2. It should be paid to only Working Partners.
  3. It should not exceed Maximum permissible limit (Refer Next Point)

Maximum Permissible Limit:

Book Profit Limit
On the first Rs. 300000 of Book Profit or in case of Loss Rs. 1,50,000 or 90% of Book Profits whichever is higher
On the Balance Book Profit 60% of Book Profits

Calculation of Book Profits:

A) Income from PGBP as calculated  XXXX
B) Add: Interest/Remuneration Paid/Payable (If considered in Point A) (XXXX)
C) Less: Interest under Section 40(b) (XXXX)
Book Profits  XXXX

Interest:

Conditions for claiming deduction of Interest paid to Partners:

  1. It should be authorized by Partnership Deed.
  2. It should not exceed 12% p.a. simple Interest

Lets take an simple Example

Income from PGBP 8,00,000
Remuneration to Partners 4,00,000
Interest Paid@ 15% 3,50,000

Calculation of Book Profit.

PGBP Income 8,00,000
Add: Remuneration

Add: Interest Paid @15%

4,00,000

3,50,000

Less: Interest @12% (Allowable) 2,80,000
Book Profit 9,70,000

Allowable Remuneration

On First 3,00,000 1,50,000 or 90% of 3,00,000 i.e 2,70,000 whichever is higher

So 2,70,000

On Balance 5,28,000 (9,70,000-3,00,000) @60% 4,02,000
Allowable Remuneration 6,72,000

Disallowance under Section 40(b) in our Example is as follows:

  1. Interest- 3,50,000-2,80,000= 70,000
  2. Remuneration- Nil

As the Remuneration paid Rs.4,00,000 is well within the limit as specifies under 40(b) i.e 6,72,000.

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12 Comments

  1. Dinesh says:

    is it mandatory to deduct interest at 12 percent while reverse calculation , for instance if I have paid only 8% interest to partners than which amount should be taken for the calculation , 12% amount or the original interest amount that has been paid to partners

    because if we less 12% amount than my book profit is arriving very low

  2. Ghanshyam says:

    Sir,
    If we have transferred partners salary to their bank account….So do we required to show this salary in partner’s capital account as well as liability ?

  3. DIPANKAR SAMANTA says:

    Helpful in learning widely regarding financial liabilities and statutory obligations of a LLP.But Structure of the Board of Directors is not clear.And Whether salary/wages to Manager/Supervisor/Worker/Technician are allowable or not is not clearly stated.

  4. Sanket Shah says:

    I have car expenses which are of personal in nature which are hit to p and L now I am disallowing them, then should I increase my profit which will ultimately increase remuneration?

    1. Yash Keshari says:

      Yes, since it says on 1st ₹300,000 of Book Profits or in case there’s loss, ₹150,000 or 90% of Book Profits, whichever is HIGHER. So Higher in case of loss would be ₹1,50,000/-

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