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Home > Income Tax > Help Center > Remuneration and Interest of Partners Last Updated: Nov 06th 2024

How to Calculate Remuneration, Interest to Partners?

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.



How to Calculate Remuneration, Interest to Partners?

This document covers

  1. Remuneration to Partners
    1. The remuneration should be paid only to the working partner
    2. The remuneration should be authorized by the partnership deed
    3. The remuneration should not belong to a period prior to partnership deed
    4. The remuneration should not exceed Permissible limit
  2. Interest to partners
  3. TDS on payments to Partners

A. Remuneration to Partners

Conditions to be followed by Partnership Firm


1. The remuneration should be paid only to the working partner

  • Working Partner means the person who is actively engaged in the conducting the affairs of business or profession of the firm of which he is a partner.
  • A partner other than an individual cannot be a working partner.
  • A partner will be deemed to be a working partner even if he devotes a part of his working hours.

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.

2. The remuneration should be authorized by the partnership deed

  • Any payment of salary, bonus, commission by whatever name called to a working partner will be allowed as deduction only if the payment is authorized by a partnership deed and in accordance with the terms of partnership deed.
  • The partnership deed should either specify the amount of remuneration payable to each individual working partner or lays down the manner of qualifying such remuneration.
  • Remuneration can also be a yearly payment.

3.The remuneration should not belong to a period prior to partnership deed

  • The remuneration paid to the working partners will be allowed as deduction to the firm from the date of such partnership deed.
  • It is not possible to give remuneration for the period prior to date of partnership deed.

4. The remuneration should not exceed Permissible limit

  • The maximum amount of remuneration to all the partners during the financial year should not exceed the following limits
  • S.NoBook ProfitQuantum of Deduction
    1On the first Rs 3 lakhs of book profit or in case of lossRs 1,50,000 or 90% of book profit whichever is higher
    2On the balance of book profit60% 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.NoBook ProfitQuantum of Deduction
    1On the first Rs 6 lakhs of book profit or in case of lossRs 3,00,000 or 90% of book profit whichever is higher
    2On the balance of book profit60% of profit

  • Book Profit needs to be computed by adding the aggregate of remuneration paid or payable to partners to net profit.
  • The above table only shows the maximum deduction the firm can claim. However the firm can pay remuneration to working partners beyond these limits.
  • The above limit applies to all the working partners taken together and not to each individual partner.

B. Interest to partners

Interest can be allowed as deduction only if the following conditions have met

  • The interest payable by a firm to its partners should be authorized by the partnership deed.
  • The interest payable by a firm to its partners should not be for a period prior to the date of partnership deed.
  • The rate of interest payable to partners should not exceed 12% simple interest per annum.

C. TDS on payments to Partners

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.NoParticularsParticulars
1Who is Required to Deduct TDSFirm /LLP
2Type of payments on which TDS needs to be deductedSalary, remuneration, commission, bonus and interest paid to a partner of a firm/LLP
3Rate of TDS
  • 10% (if PAN and Aadhaar of Partner are linked)
  • 20% (If PAN and Aadhaar are not linked)
4Threshold limit for non-deduction of TDSRs 20,000 per year
5Time of Deduction
  • At the time of payment
  • At the time of credit
Whichever is earlier
6ApplicabilityW.e.f. 01st April 2025
7TDS payment Due date07th of following month
8TDS return formForm 26Q

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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.