A partnership firm's tax return isn't just about the firm's profit. Partner remuneration, interest on capital, and the 30% flat rate all interact with rules like Section 40(b) that most standard filing services skip past. LegalDev computes and files ITR-5 with those rules applied correctly, so the deduction your firm claims is the deduction it can actually defend.
A partnership firm doesn't get slab rates or a basic exemption limit — its entire income is taxed at a flat 30%, so there's no benefit in under-reporting expenses to "smooth out" the numbers the way an individual might. What actually reduces tax legitimately is remuneration and interest paid to working partners, and this is exactly where Section 40(b) sets firm limits: interest capped at 12% per annum, and remuneration capped by a formula tied to the firm's book profit.
Claim more than the cap, or pay remuneration to a partner not authorised in the deed, and the excess gets added back to the firm's taxable income — effectively taxed twice, once as disallowed firm income and again as income in the partner's hands if it was actually paid out.
We calculate book profit correctly, apply the Section 40(b) remuneration slab accurately, and cross-check that every rupee of interest and remuneration claimed is backed by a clause in the partnership deed. Where the firm's turnover puts it near the audit threshold, we flag it early, and where presumptive taxation under Section 44AD or 44ADA would genuinely work out better, we tell you that too, instead of defaulting to the more complex regular computation out of habit.
Flat rate, no slabs. Total income of the firm, after allowable deductions, is taxed at 30%, plus a surcharge where total income exceeds Rs. 1 crore, and health and education cess of 4% on the tax and surcharge.
Partner remuneration — capped by book profit. Remuneration paid to working partners is deductible for the firm only up to the Section 40(b) limit: on the first Rs. 3 lakh of book profit, the cap is Rs. 1.5 lakh or 90% of book profit, whichever is higher; on the balance, the cap is 60% of book profit. Anything paid beyond this is added back to the firm's income.
Interest on partner capital — capped at 12%. Interest paid to partners on their capital contribution is deductible only up to 12% per annum, and only if authorised by the partnership deed. A higher rate paid contractually is still capped at 12% for tax purposes.
Presumptive taxation, where eligible. Firms with business turnover within the prescribed limit can opt for Section 44AD, declaring a minimum of 6% or 8% of turnover as taxable profit without maintaining detailed books, though this restricts further deduction of partner remuneration and interest.
A partnership firm is a business run by two or more people who share its profits under a partnership deed. For tax purposes, the firm's total income is taxed at a flat rate of 30%, plus applicable surcharge and cess, regardless of how much profit is earned or how it is split between partners.
A partnership firm, whether registered or unregistered, files ITR-5. This form is also used by LLPs, associations of persons and bodies of individuals, but not by individuals, HUFs or companies.
No. Section 40(b) caps how much remuneration and interest paid to working partners can be deducted from the firm's taxable profit. Interest is capped at 12% per annum, and remuneration is capped using a slab-based formula linked to the firm's book profit. Payments must also be authorised by the partnership deed and paid only to working partners.
A firm engaged in business is required to have its accounts audited under Section 44AB if its total turnover exceeds Rs. 1 crore (extended to Rs. 10 crore where cash transactions are minimal), or if it is claiming profits lower than the presumptive rate under Section 44AD after having opted for that scheme earlier. Firms in a profession face a lower turnover threshold.
Yes, an eligible partnership firm (other than an LLP) can opt for presumptive taxation under Section 44AD for business income or Section 44ADA for professional income, subject to turnover limits. Doing so removes the need for detailed books and a tax audit, but also removes the ability to deduct partner remuneration and interest beyond what the presumptive income already accounts for.
A firm not liable for audit must file by 31st July of the assessment year. A firm whose accounts require an audit under Section 44AB, or that has an international or specified domestic transaction requiring a transfer pricing report, gets until 31st October, or 30th November where a transfer pricing report applies.
Send us your partnership deed and books of accounts — we'll confirm the audit position, compute the Section 40(b) limits, and file ITR-5 on time.