Home > Income Tax > Help Center > Remuneration and Interest of Partners Last Updated: Nov 06th 2024
Every partnership firm declares partner compensation and interest as an expense. However, the income tax statute 1961 limits partner compensation and interest. Section 40(b) governs partner compensation and interest.
This document covers
Conditions to be followed by Partnership Firm
Note: If the company is a partner in the firm and the director of the company or shareholder of the company is a employee of the Firm, it will be considered as Salary. It will not be considered as remuneration to partners.
S.No | Book Profit | Quantum of Deduction |
---|---|---|
1 | On the first Rs 3 lakhs of book profit or in case of loss | Rs 1,50,000 or 90% of book profit whichever is higher |
2 | On the balance of book profit | 60% of profit |
NOTE: Budget 2024 has proposed the new permissible limits for remuneration to partners. The revised limits are applicable w.e.f, 01st April 2025 i.e., AY 2025-26 and subsequent years
S.No | Book Profit | Quantum of Deduction |
---|---|---|
1 | On the first Rs 6 lakhs of book profit or in case of loss | Rs 3,00,000 or 90% of book profit whichever is higher |
2 | On the balance of book profit | 60% of profit |
Interest can be allowed as deduction only if the following conditions have met
Budget 2024 has introduced a new section 194T which deals with TDS on payments to Partners. The TDS is applicable from 01st April 2025
S.No | Particulars | Particulars |
---|---|---|
1 | Who is Required to Deduct TDS | Firm /LLP |
2 | Type of payments on which TDS needs to be deducted | Salary, remuneration, commission, bonus and interest paid to a partner of a firm/LLP |
3 | Rate of TDS |
|
4 | Threshold limit for non-deduction of TDS | Rs 20,000 per year |
5 | Time of Deduction |
|
6 | Applicability | W.e.f. 01st April 2025 |
7 | TDS payment Due date | 07th of following month |
8 | TDS return form | Form 26Q |
Disclaimer: This article provides an overview and general guidance, not exhaustive for brevity. Please refer Income Tax Act, GST Act, Companies Act and other tax compliance acts, Rules, and Notifications for details.