Rate of tax :-Flat rate of 30% on the total income after deduction of interest and remuneration to partners at the specified rates. (No surcharge for Asst. Yr. 2010-11) to be increased by education cess secondary and higher education cess @ 3% on Income-tax.
Interest to Partners:-(Simple interest) Not exceeding 12% p.a. from 1-6-2002 (18% p.a. up to 31-5-2002).
Remuneration to Partners
- Payment to a non-working partner will not be allowed as a deduction Partners
- A ‘working partner’ is an individual who is actively engaged in conducting the affairs of the business or profession of the firm.
- 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.
- Maximum permissible deduction for payment of remuneration to working partners. Upto A.Y. 2009-10, the maximum permissible deduction was as under :
| Professional firms | Business firms | ||
| Book Profit/Loss | % or amount of deduction | Book Profit/Loss | % or amount of deduction |
| i. Loss | Rs. 50,000 | i. Loss | Rs. 50,000 |
| ii. Profit Rs. 50,000 | ii. Profit | ||
| up to Rs. 50,000 | Rs. 50,000 | up to Rs. 50,000 | Rs. 50,000 |
| up to Rs. 1,00,000* | 90% | up to Rs. 75,000* | 90% |
| next Rs. 1,00,000 | 60% | next Rs. 75,000 | 60% |
| Balance profit | 40% | Balance profit | 40% |
| *(higher of Rs. 50,000 or prescribed percentage) | |||
| From A.Y. 2010-11, deduction for payment of remuneration to working partners for both Business as well as professional firms has changed as under: | |||
| Book Profit/Loss | % of amount of deduction | ||
| (i) loss or profit upto Rs. 3,00,000 | Rs. 1,50,000/- or 90% of Book Profit whichever is more | ||
| (ii) on the balance | 60% of book profit | ||
Conditions for allowance of remuneration and interest to partners
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.
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.
Conditions for assessment as a firm
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. 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 from A.Y. 2004-05 onwards and as an AOP up to A.Y. 2003-04.
5. If any failure is made as mentioned in S. 144 (ex parte assessment) the firm shall be assessed as a firm from A.Y. 2004-05 without deducting interest and salary to partners and as an AOP up to A.Y. 2003-04.
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. 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 from A.Y. 2004-05 onwards and as an AOP up to A.Y. 2003-04.
5. If any failure is made as mentioned in S. 144 (ex parte assessment) the firm shall be assessed as a firm from A.Y. 2004-05 without deducting interest and salary to partners and as an AOP up to A.Y. 2003-04.
Partners’ assessments
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.
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.
Losses of the firm
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.
Allowability of remuneration and interest vis-a-vis presumptive taxation
Remuneration and interest will be allowed as deduction from the presumptive income computed at prescribed rate u/ss. 44AD, 44AE & 44AF.
Due dates for filing return of firm
a. 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.
b. 31st July in any other cases.
b. 31st July in any other cases.
Due dates for filing of returns of partners
a. 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.
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