TDS on Partner Remuneration

TDS / TCS 2714 views 4 replies

IF PARTNERSHIP FIRM IS NOT LIABLE TO DEDUCT TDS OF ANY PERSON THEN ALSO IT IS MANDATORY TO DEDUCT TDS ON REMUNERATION PAID TO PARTNER?

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Quick Summary
The discussion clarified that currently no TDS is applicable on remuneration paid to partners by a partnership firm. It was also noted that Section 194T regarding TDS on partner payments is proposed to apply from 1 April 2025.

As per the Income Tax Act, 1961, a partnership firm is required to deduct TDS on remuneration paid to its partners, even if the firm is not liable to deduct TDS on payments made to other persons. TDS on Partner's Remuneration: - *Section 194A*: Not applicable, as it deals with TDS on interest payments. - *Section 194C*: Not applicable, as it deals with TDS on contract payments. - *Section 194J*: Applicable, as it deals with TDS on professional fees, technical fees, and remuneration paid to partners. Partner's Remuneration: - *Definition*: Remuneration includes any payment made to a partner for services rendered, including salaries, commissions, and bonuses. - *TDS rate*: The TDS rate on partner's remuneration is 5% (Section 194J). Important Points: - *TDS applicability*: TDS is applicable on remuneration paid to partners, regardless of the firm's TDS liability on other payments. - *Threshold limit*: There is no threshold limit for TDS on partner's remuneration. - *Quarterly TDS returns*: The partnership firm must file quarterly TDS returns (Form 26Q) to report the TDS deducted on partner's remuneration.

It would really help if you give succinct and correct replies to the queries here. Long but irrelevant responses do not help anyone. 

Rachit, as of now no TDS section applies to payments made to the partners. However, starting 1 April 2025, section 194T of the Income-tax Act shall apply. 

TDS on Partner Remuneration - New TDS section as per Income Tax Act 2025

  • Old Section - 194T
  • New Section - 393(3) [Table: Sl. No. 7]    
  • Nature of Payment - Any sum in the nature of salary, remuneration, commission, bonus or interest paid to a partner of the firm or credited to his account (including capital account).

Section 194T applies to remuneration, salary, bonus, commission, and interest credited or paid to a partner where the aggregate to that partner crosses Rs 20,000 in a financial year. The TDS rate is 10%, or 20% if the partner has not furnished PAN. One thing many firms miss: Form 15G and 15H cannot be used to avoid deduction under 194T. The only legitimate route to a lower or nil deduction is a Section 197 certificate from the income tax officer. For the full compliance picture including challan deposit, Form 26Q reporting, and how to handle partners with nil tax liability, this [Section 194T TDS guide for partnership firms](https://taxgarden.in/blog/tds-on-partner-payments-section-194t-firm-llp-guide-india) covers each requirement from April 1, 2025.


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