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Remuneration to partners - whether liable to service tax?

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Remuneration to partners in a partnership firm is liable to service tax?

Remuneration to diectors has been made liable to service tax under reverse charge mechanism. Issue regarding remuneration to partners debatable but in my view firstly it is share of profit - alternate agreement is that there is employer employee relation by a deeming fiction LLP is surely body corporate but remuneration to partners of LLP is not covered under reverse charge. Even in case of companies, only sitting fees and commission to non-executive directors is under reverse charge - if director is employee, then no question of service tax at all –

Replies (2)

In the case of LLP by virtue of the legal fiction, partner may be considred as empoyee. In other cases share of profit is not taxable but other remuneratrion may be taxable. This is because parnners are considered as self-employed.

Remuneration to partners not liable to service tax.  Only independent/govt appointed/foreign directors are covered under reverse charge from 07.08.2012. 


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