Partners salary treatment under presumptive taxation scheme

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Sir/Madam,

If a partnership firm pays salary to partners and pays Income Tax under Presumptive Scheme. Here the deduction claimed by the partner is claimed only on 8% of Income computed  This salary deduction claimed is as per section 40(b) of the Income Tax Act. Partners were claiming Salary equally. Assumed figures were given below-

Total Income - Rs.90,00,000/-

Actual Salary claimed by partners - Rs.10,00,000/-

Assumed Income under Section 44AD - 7,20,000/-

Salary deductions claimed  (300000*90/100+420000*60/100) - Rs. 5,22,000/-

Income Tax paid (720000-522000*30/100) = Rs.1,98,000/-*30/100 = Rs.59,400/-

Here my doubt is whether the partner needs to pay Income Tax under his own capacity on actual deduction claimed by each partner (i,e, Rs.2,61,000/-) or on actual salary paid to partners after the value of tax paid under Presumptive Taxation scheme by Partnership Firm Rs. 4,01,000/- (i.e. (Rs.10,00,000-Rs.1,98,000)/2).

Replies (4)

Partners should include the proportionate amount of salary claimed by the firm in itd ITR.  

Thanks for your reply Mr. George Philip. Does it mean what ever the salary deduction shown in ITR returns of the firm should be considered.

yes. but this is discontimued from ay 2017-18 subject to conditions.

 

Thanks for your reply. I knew this will not be applicable from AY 2016-17. But, we have received intimation under Section 143 from income tax. They have increased our business liability. When I verified the reason in breakup, I came to know that while uploading the profit and loss account in income tax returns, we have shown partners salary as some amount that is exceeding the limit. But we have paid tax under presumption scheme. However notice has been issued based on the partners salary expenses.

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