Hi Haripara Sachin,
That's a thoughtful and practical query — especially relevant for LLPs having body corporate partners (like companies or LLPs) and their individual nominees managing day-to-day affairs.
Let’s break this down from both LLP Act and Income Tax Act perspectives:
An LLP can have a body corporate (like a company or another LLP) as its partner.
Such body corporates nominate individuals to act on their behalf in the LLP.
LLP Act does not prohibit payment of remuneration to an individual nominee, if he is actively involved in the management or operations.
✅ So, yes, an LLP can pay remuneration to a nominee of a body corporate partner — as long as:
The LLP Agreement specifically permits it.
The nominee is involved in active day-to-day operations.
If the nominee is paid for services rendered personally (i.e. managerial or operational work), payment should be made to the nominee, not the body corporate.
The remuneration is then treated as income in the hands of the nominee (individual) and taxed accordingly.
❌ Do not pay remuneration to the body corporate, as that could create legal/tax complications unless the body corporate is rendering services directly (which is rare in LLPs).
Yes, remuneration paid to a working partner (including a nominee) is allowed under Section 40(b), subject to the following conditions:
Remuneration is paid only to working partners
It is authorized by the LLP Agreement
It is within the limits prescribed under Section 40(b)(v):
On first ₹3 lakh of book profit or loss: up to ₹1.5 lakh or 90% of book profit (whichever is higher)
On balance of book profit: 60%
✅ If the nominee is effectively a working partner (on behalf of body corporate) and the remuneration is authorized in the LLP Agreement, it is allowed as a deduction under Income Tax.
| Point | Recommendation |
|---|---|
| LLP Agreement | Include specific clause permitting payment to nominees of body corporate partners |
| Taxability | Remuneration is taxed in the hands of nominee, not the body corporate |
| TDS | Deduct TDS under Section 194J (Professional) or as applicable |
| Audit trail | Maintain clear documentation showing role of nominee and basis for remuneration |
| Working Partner definition | Ensure nominee is actively engaged in business (as per IT Act requirement) |
| Issue | Answer |
|---|---|
| Can LLP pay remuneration to nominee of body corporate partner? | ✅ Yes, if allowed by LLP Agreement |
| Who should receive it? | 👤 Nominee (individual), not the body corporate |
| Is it allowed under Income Tax? | ✅ Yes, under Section 40(b), if nominee is a working partner |
| TDS Applicability | ✔️ Likely under Section 194J, unless covered under salary or other heads |
CAclubindia
