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difference between AOP & Firm

Others 2750 views 2 replies
I want to know that what is the difference between AOP and firm.
please elaborate it in detail regarding following points..
taxation rates
partnership deed
which is more beneficial among these two?
Replies (2)
taxation rate of a firm is 30% plus education cess (plus surcharge if income exceeds Rs. 1 crore)
for detailed info regarding tac rates of AOP you can visit this site https://www.incometaxindia.gov.in/Pages/i-am/aop.aspx?k=Tax+Payment

Deed: partnership deed is required in case of fiem. However it is advisable to get a registered deed i case of AOP to avoid any conflict , Also if share of member is indefinite then AOP is taxable at maximum marginal rate if all the members are resident and 40% if any member is non resident.

Partnership is more beneficial..
As remuneration, interest given to partners can be claimed as deduction subject to section 40b

Sercharge 10% applicable to AOP, if Income Exceed 1 crore not to Partnership Firm for Firm 10 cr

AOP should be joint enterprise, Joint act of management, Common design for making profits, Income generating activity

AOP comprises of more than 20 members but  Firm should not have more than 20 partner.

A partnership firm have minor admitted for profit or loss as per agreed ratio then  shall be AOP not firm 

Both partnership and AOP can form deed or agreement If alleast two persons carrying business with out standard PSR & Registered Deed

AOP cand be form either by  1) firm 2) Ind and 3) BG company carrying business activities jointly then income shall be assessed to tax jointly under AOP.

As remuneration, interest given to partners can be claimed as deduction subject to section 40b under partnership, where as remuneration or profit is not taxable to individual or company.

 

 

 


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