Rental income in name of firm vs individual

Hi... we have an open plot of land that we are leasing to a corporate.... for Rs. 1,50,000 a month (one lakh, fifty thousand)

 

The plot is owned equally by me and my mother, and handling / maintainance of the same will be handled by our partnership firm. As of now, for the coming year neither me nor my mother have any other income in our names, although both have IT files.... and have filed returns upto last year.

 

We have requested the corporate to pay the partnership firm rental as well, in addition to paying me and my mother.
The partnership firm already has a rental income of Rs. 4,50,000 a year (4 lakh fifty thousand). I have been told that if the rental income crosses Rs. 10,00,000 a year, the partnership firm will be in the service tax bracket, and that even later, we will have to be in the service tax bracket for the same, whether or not we continue the lease with the above mentioned corporate.

Could anyone suggest the best possible breakup to request the corporate to pay the three entities - i.e., my mother, myself and our partnership firm, considering that we CAN also claim certain expenses by the partnership firm, that me and my mother cannot, i.e. car depriciation, telephone expenses, driver's salary, staff salaries, etc. Also to be considered is that, if in our best interest, we would want to avoid bringing the partnership firm in purview of the service tax slab, i.e. income of more than Rs. 10,00,000 (Ten Lakhs) per annum, because that means that every year in the future, even if it's rental income is Rs. 1,00,000 (One Lakh) per annum, we would still be required to pay service tax on the same :(

 

Would appreciate it if anyone can revert withthe best possible breakup... thanks! :)

Replies (1)

divide the 1.5L in two parts ..............75000 each, this will make you both out of servicetax net.

 

not clear about the maintainance etc of the rented property, coz the person who is acquiring the property will use the same and will pay the necessary charges to the service provider above the rent. that may be a seperate agreement between the service provider and receipent, not related to rental. any third party can have this service agreement, and may be in favor of your partnership firm for the running services ( except rental)

for rent received in your as well as mother's it may be HP income and flat 30% deduction allowed for maintanance.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
08 September 2026
Semi-Qualified Assitant

Subrahmanyam & Sivudu CA Firm

Hyderabad

CA Inter

View Details
Company
ARTICLESHIP 01 September 2026
Article Assistant

SGNG & Associates

New Delhi

CA Inter

View Details
Company
24 August 2026
Semi-Qualified CA/CA Finalist - Tax, GST, Audit & Accounts

Bharat Shah & Associates

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 07 September 2026
CA Articles

Kothari Jain Patil & Chartered Accountants

Pune

CA Inter

View Details
Company
13 August 2026
Chartered Accountant (FP&A)

Client of Trellis Consulting

Gurgaon

CA

View Details
Company
ARTICLESHIP 14 August 2026
Article Assistant

N J Suresh & Associates

Bengaluru

CA Inter

View Details
Company
09 September 2026
SENIOR AUDITOR & ACCOUNTS MANAGER

Anupam Parashar & Co.

Ghaziabad

CA Final

View Details
Company
09 September 2026
Chartered Accountant

Aviv Global Private Limited

Ahmedabad

CA

View Details