Salary or Professional Fees

Knowledge resource 854 views 12 replies

Dear All,

If a Member of ICAI does not Hold COP but a CA Firm /Law Firm offered him Professional Fees. Is it Salary or Professional Fees. Please Clarify.

Thanks and Regards

 

 

Replies (12)
You need not hold a COP to receive professional fees.
it is clearly professional fees in your case.
Both are under a contractual obligation.

Thanks, 

a) But if a Person is not holding COP then a CA Firm /Law Firm Generally gave Salary to a CA not Professional Fees.

b) Does a Person needs to Billed to Firm for his Professional Fees every month to a Firm.

c)  Then is the TDS is u/s 192 or 194J.

Employee employer relationship is important to consider it as salary.. otherwise definitely consultation fees
If he is on the payroll then it is salary..Check offer letter once ,you may find it whether it is Salary or professional fees.

Offer Letter mentions " Professional Fees" in a CA Firm/Law Firm.

Then Tds under section 194J is applicable

Is Billing Needs to be Done on a Monthly Basis for the same to CA Firm/Law Firm.

It can be freelancing also..Bill may be issued if there is any registered business or for the purposes of accounts

Fine, The only Confusion is They have appointed the Person in their CAFirm/Law Firm so he cant be a FreeLancer and written Professional Fees not Salary. Thereby raised the Question of Billing .

Contractual obligation.
yes
nature professional service sec 194j
no professional service sec 192
194J is applicable in this case


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register