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Home/ Questions/Q 5585
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Ramesh Sharma
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Ramesh SharmaEnlightened
Asked: November 27, 20212021-11-27T23:11:10+05:30 2021-11-27T23:11:10+05:30In: Income Tax

Is bonus or commission given to employees allowed as deduction?

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Is bonus or commission given to employees allowed as deduction?
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    1. CA Vishnu Ram Enlightened
      2025-03-25T14:30:32+05:30Added an answer on March 25, 2025 at 2:30 pm

      As per Section 36(1)(ii), any bonus or commission paid to employees is allowed as a deduction while computing business income, provided it meets certain conditions. ✅ Conditions for Allowing Deduction 🔹 Must be paid to an employee – The payment should be made to an employee and not to proprietors, pRead more

      As per Section 36(1)(ii), any bonus or commission paid to employees is allowed as a deduction while computing business income, provided it meets certain conditions.


      ✅ Conditions for Allowing Deduction

      🔹 Must be paid to an employee – The payment should be made to an employee and not to proprietors, partners, or directors who are also shareholders.
      🔹 Should not be in lieu of dividends – If the commission or bonus is paid instead of distributing profits as dividends, the deduction is not allowed.
      🔹 Actual payment is required – As per Section 43B, the deduction is allowed only when the bonus or commission is actually paid before the due date of filing the income tax return.
      🔹 Should be reasonable – The payment should be genuine and reasonable as per the business needs; otherwise, tax authorities may disallow it under Section 40A(2) (excessive or unreasonable payments).


      ⛔ When Deduction is NOT Allowed?

      ❌ If the bonus/commission is payable instead of a dividend to shareholders.
      ❌ If the payment is not actually made by the due date of filing the return.
      ❌ If the amount is considered excessive by tax authorities under Section 40A(2).


      💡 Illustration

      Example 1: XYZ Pvt Ltd pays ₹2 lakh as a performance-based commission to its employees. Since the payment is made to employees and is not in lieu of dividends, it is allowed as a deduction under Section 36(1)(ii).

      Example 2: ABC Ltd pays ₹10 lakh to its shareholder-directors in the form of commission instead of dividends. Since this is effectively a profit distribution, it is not allowed as a deduction.


      📌 Conclusion

      ✅ Bonus/commission paid to genuine employees is deductible under Section 36(1)(ii).
      ✅ The payment should not be an alternative to dividends.
      ✅ Deduction is available only on actual payment before the ITR due date.
      ✅ Ensure payments are reasonable to avoid disallowance under Section 40A(2).

      💡 Proper documentation and adherence to these provisions ensure maximum tax benefits! 🚀

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