Exempt income u/s 10(2a) in the hands of a partner where firm is filing itr4 (u/s 44ad)

ITR 1332 views 3 replies

I am a partner of a firm which filed ITR 4 (44AD-presumptive income) return for  AY1819 . My question is 

1. Since the income tax is calculated as 6% or 8% of turnover, why should we pay interest on capital or salary to partner which is not deductible as an expense of the firm and becomes taxable in the hands of the partner. We can instead pay the whole thing  to partners as exempt income u/s 10(2A). Is it leagally ok?

2. If you have to, where do we show salary to partner, interest on capital and Exempt income u/s 10(2A) in ITR 3.

3. Is it OK if your actual profit turns out to be more that calculated by 6%+8% formula and gets added to capital of the partners at the end of the year.

Will be thankful if some expert replies.

 

 

Replies (3)

1.Yes

2.No need to provide Salary and Interest. Just transfer all gain in capital account of partners.

3.The amount of income & return which you have shown in return shall only be transferred to partners.

It is totally acceptable to show Profit more than 6% or 8%. These are the minimum Profit which one had to declare. 

No u cannot show interest and remuneration to partners as an expemt income. It is taxable in the hands of partners.

But in return whatever income and profit you have shown needs to be shown in books and transferred to partners too.

 


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