Under Section 184 of the Income Tax Act, a partnership firm can claim deduction for remuneration and interest paid to partners, but it must fulfill the following conditions: Conditions for Claiming Deduction under Section 184 1️⃣ The Firm Must Be a Valid Partnership Firm The firm must be a genuine pRead more
Under Section 184 of the Income Tax Act, a partnership firm can claim deduction for remuneration and interest paid to partners, but it must fulfill the following conditions:
Conditions for Claiming Deduction under Section 184
1️⃣ The Firm Must Be a Valid Partnership Firm
- The firm must be a genuine partnership as per the Indian Partnership Act, 1932.
- The firm should be assessed as a partnership firm under the Income Tax Act.
2️⃣ Partnership Deed Must Be in Writing
- A written partnership deed must exist.
- It should clearly mention the profit-sharing ratio of partners.
- It must be signed by all partners.
3️⃣ Remuneration & Interest Must Be Authorized in the Partnership Deed
- Partner’s remuneration (salary, bonus, commission, etc.) and interest on capital must be mentioned in the partnership deed.
- If the deed does not specify these payments, the firm cannot claim deductions.
4️⃣ Interest and Remuneration Should Be Within the Prescribed Limits
- Interest on partner’s capital must not exceed 12% per annum (as per Section 40(b)).
- Remuneration paid to partners should not exceed the limits prescribed under Section 40(b) (based on book profit).
5️⃣ The Firm Must File a Valid Income Tax Return
- The firm must file its income tax return on time.
- Delay in filing may lead to disallowance of these deductions.
6️⃣ Changes in the Partnership Deed Must Be Reported
- If there is any change in the partnership deed, the firm must submit a certified copy to the Income Tax Department.
✅ Conclusion:
To claim deductions for remuneration and interest paid to partners, ensure that:
✔️ A valid partnership deed exists and is filed with the Income Tax Department.
✔️ Interest and remuneration are within the prescribed limits of Section 40(b).
✔️ The firm is assessed as a partnership firm and files its return on time.
Advocate Dr Amit Dua
Section 40b determines the maximum amount of remuneration and interest on capital payable to a partner under Income Tax Act. The amount over the specified limit is not allowed as a deduction to a partnership firm. Remuneration To Partners Remuneration includes salary, bonus, commission .RemunerationRead more
Section 40b determines the maximum amount of remuneration and interest on capital payable to a partner under Income Tax Act. The amount over the specified limit is not allowed as a deduction to a partnership firm.
Remuneration To Partners
Remuneration includes salary, bonus, commission .Remuneration in partnership firm is allowed as a deduction if following conditions are satisfied
Calculation of book profit
Profit as per Profit & Loss a/c – xxx
Add- Remuneration to partners if debited to Profit and loss a/c
Add- Brought forward business loss, deduction under section 80C
to 80U if debited to profit and loss a/c
Less – Income under house property, capital gain, other
sources if credited to profit and loss a/c
Book Profits xxx
Example-
Book profit = Rs. 9 Lakhs
Maximum allowed salary = 3,00,000*90% + 6,00,000*60% = Rs. 6.3 lakhs
Remuneration which is allowed as expenses in the hands of partnership firm will be taxable in the hands of receiving partner as “Income from Business or Profession”.
If such remuneration is not allowed as expense in hands of partnership firm then it will not be taxable in the hands of partners.
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