Tds applicability on professional fee paid to partners u/s 194j

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Aydeed (Querist)
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26 May 2016 Sir, Is it liable to deduct TDS when the firm paid professional fee to it's partners? Will it come u/s 194J ? Or Can we include this 'professional fee' under the meaning of "Remuneration" and claim exemption to deduct TDS ? Please reply

CA Mithil Munot

CA Mithil Munot (Expert)
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26 May 2016 A partner can be paid Professional fees if he applies special SKILL which other partner are not having.
When professional fees is paid TDS must be deducted from it if it is over the limit.

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KAVIRAJA ADDANGADI

KAVIRAJA ADDANGADI (Expert)
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26 May 2016 Payment made to partner towards Professional Fees can not be treated as salary. Salary has to be paid out of profit as allowed u/s 40 (b) (v).

TDS applicable for salary and professional fees. Are different Treshhold limit. TDS on professional fees to be deducted @10% u/s 194J. Without considering any deduction or allowance. Any excess or shortfall partner has to claim/ liable to pay.

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